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HomeMy WebLinkAbout2000-02-22 (Regular) Meeting Agenda•. ,~ •,r. .. .. " -· • • • .. February 22 , 2000 ENGLEWOOD CITY COUNCIL Regular Meeting • , .. ., " . ' ' .. 0 - • • ~ -· • 1· ~,. ,. • - ENGLEWOOD CITY COUNCIL MEETING FEBRUARY 22, 2000 ORDINANCE #;. /, 7, 8, 9, 10, 11 RESOLUTION #r, /, 38, 39, 40, 41, 42, 43 .. ' • • ~ ,. " . .. ' . . ' .. 0 0 0 I • 0 I ]- • • ----.. ~ .,,- • I• ... • -... ENGLEWOOD CITY COUNCIL ENGLEWOOD. ARAPAHOE COUNT\", COLORADO l . Call lo Order Regular Mreling Februar~· 22, 2000 The regular meeting of the Englewood Ci ty Council wa s ca ll ed to order by !\la)Or Burn;, at 8:00 p .m. 2. Invocation The in vocatio n was given by Mayo r Burns . 3 . Pledge of Allegiance The Pledge o f Allegiance wa s led by Mayor Burns. 4 . Roll Call Pre;,ent : Absent : A quorum was pre;.ent. Abo Pre;,e nt : Coun ci l Members Grazuli s. G arrell . Brad shaw . Wolosy n. Yurchick. Burn s Counc il Member Nabho lz C ity Manage r Sears C it y Att orney Brotzman Deputy City C lerk Castl e .. Code Enforcement Field Supervi sor Lynn Director Eaton. Human Re sources Planning Technician Newman Board Member Simpso n. E ngle wood Enviro nm e ntal Fo undat io n 5 . Minutes (a) COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO APPROVE THE MINUTES OF THE REGULAR CITY COUNCIL MEETING OF FEBRUARY 7, 2000. Aye s: Nays : Absent : The mo ti o n carri ed. 6 . Scheduled Vlsllors Council Members G arrell. Brad shaw. Wo lo,yn. Yurc hick . Grazulis. Burn s No ne Counci l Member Nabho lz (a) Jim White. fro m Census 2000. wa s present to address Counc il regardin g the Ce nsus process and to accept a proc lamati o n s up poning the Census efforts. ' .. .. • ) I • 0 • • • Eng lewood Ciry Council February 22. 2000 Page 2 ,,-·· • • - .. .. COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE A PROCLAMATION SUPPORTING THE CENSUS 2000 EFFORTS. Ayes: Nays : Absent : The motion carried. Council Members Garren. Bradshaw. Wolosyn. Yurchick. Grazulis. Burns None Council Member Nabholz I lerk ·, note : Agenda Item S(a) was brought forward on the Agenda . I Mayor Burns presented the proclamati o n to Mr. White . .. Mr. White advi>ed that he represent s the Denver Regi o nal Cen,u, Center. o ne of twelve here in rhe Untied States. We cover a ten state region. he said. and paruc ularl y mteresting 1o nigh1 is o ur grea r ;rare o f Colorado . He stated that he ha s lived in Colo rado for a long time and 1> \'Cry mvested m being ;urc \\C get an accurate Census count. Mr. White said he appreciates the Ci ty';, cndor,ement by proclama11 o n. whu:h gives a very strong statement to the constituents who elected Counnl 10 office. to look al th e ,alue and rhc importance of Census 2000. The Census may no t be quite as interesting . he continued . a, ha, mg a governor o f Minne sota come here and talk about a lot of th e thin gs he addressed . I-le ,aid he "a' g,Hng '" have Counci l wre stle with a very important issue tonight. noncrhele s,. The Census 1> valuable bccau,c llf the political representation. and because of the vast amount of mo ne y involved at the Ci ty level. ,o 11 " imponant 10 have an accurate count. All of the federal dollars amount to $185 billion on an annual ba>1, nationwide. which are allocated dependent upon the questi ons asked o n rhe Census for m. In add11tnn 10 rhe regional o ffice. he explained. we also have seven local o ffice s 1hroughou1 rhe Slalc. The one 1ha1 " particularly pertinent here is the office in Aurora. which cover, borh Adams and Arapahoe Coun11c,. ThJI phone number . which Mr. White wanred to put o n the reco rd . a II can be shared wirh people who are interested in jobs and who might have any o ther que sti o ns related to Census 2000. is 303-36 1-0570. In terms of recrui1ing . he said. the other important issue that we are facing right now is that \\e a!'"e tr~ 111 g to get all the people that we need to do the enumeration here in 1h1 s area . In rhe Ci ry of Englcw.-,d. \\C ha,e an enumeration type called .. mail o ut. mail ba,·k:· That basically means you will get rhe for m dch\'ercd 10 your house by mail. and !he cxpccratio n 1s thal yo u will fill 1ha1 n u! and se nd II back. he sa id . That 1> important because. in 1990. in Colorado. we had a ,ixry-seven percent ini11al mail back re,pon,e rare . We certainly want to improve thar by a minimum o f five percent 111 all rh c nrie, of o ur ,rate . he ,a,d . ,owe arc chall enging each individual cily to rr y to do that. The rea,on II "11npor1ant 1> twofnld . he star ed . Fir,1 o f all , it helps make the job easier. he sai d . Secondly. and mrn,11mporrnn 1l y.11,a ,e, a lot of taxpayer dollar,. because the cost ufhaving to send people o ul into th e field. "h,ch \\C '"II dn for those who dn nor respond initially. is about eight rime s as mu c h as ii is to gel th e form al }Our hou,e and mat! II back . Po ten!ially. fur every one percent nati o nwide thal we increase the respon;,e rate. \\C ,a,e !he taxpayers about S25 milli o n . he said . so ii is a s izable amount o f money. Mr. Whtie re1tcra1cd that rhe} are a,!..,n g for our help in !hat re s pect. !Oo. Mayor Burns asked if they differentiare berween rh o,c 1h a1 are reccl\cd Jnd no! returned. and rh o .c 1ha1 arc returned becau se they are undeli vera ble . He a,ked ,f rhe) nnl} ,end pco pk o ur to homes where th ey know the y were received but no ! returned . Mr. White ,aid !here" a pnxce» for rh e unddi,crablc 1ha1 rh c lo,·a l o ffice can explain bener. in terms o f the actual operati o n. and ,here ,, a prrn.:c» 111 deal "llh th o,c. Bui. he said. we will definitely go 10 househo ld s wh ere the y know people re>1dc. and rhe y wil l kno,k ,in rhe duor and follow up thal way . The people wh o do thal here ,n th1 , area. he co ntmued. rhc enumerator,. will receive $12.75 an ho ur. I-le said if anyone kno ws of people who "o uld hkc a part -time . short -rerm job. approximarely a s ix -week wind ow. he wo uld encourage rhem 10 111qu,re . In addirion 10 the local n fficc number. he said. we have an 800 number. h i, 1-88-325 -7733 . and 1ha1 wi ll ro ute people. no mancr \\here they li ve. to the appropriare loca l office m the state . • ) I • 0 • • I "J • Englewood 11 y oun,·,I February n . 2000 Page 3 ;. :.., ~ ,,,-. • • - .. .. .. Ma yo r Burns as ked ho w o ld you have to be to perform that ser vice. Mr. Wh ite re,pond ed 1ha1 mos t o f the people ha,e to be eighteen and above . We do hire sixteen and seventeen year o ld s. he all o \\cd . bul th e ,111c stipulati o n in any JOb fum:1i o n is that they are ab le 10 dri ve. He reforred them 10 th e local Census o ffice 10 inquire . adding !hat th ey could cert ;1inl y wo rk in th e o ffice. so 1ha1 might intere st s ixtee n and seventeen year o ld s. Coun ci l Member Wo losyn asked if. because of th e boo m econo my. ii was ha rd lo ge t Census wo rker,. Mr. White said they are havi ng bencr s uccess in thi s area. but in th e mo untain communitie s ii is mo re d1 fticu h . We have to ha ve a lo ! o f people 10 do thi s j o b. he said. h lakes about 5.000 peo ple in Co lo rad o 10 do !h e enumeration. and we recruit ma ny mo re thal 1ha1 . since man y are no longer avai lable when the y ge l !h e rall. Mr. While wen! o n to say 1ha1 the wage for th e crew leaders. who supervi se approxi mate ly fifteen enumerato rs. is $14 .25 an ho ur. The field office supervisor earns S 15 .75 an ho ur to upcrvise th e cre" leaders. he said. In th e metro area . it take s a lot o f e nergy and effort. T he 1ime1ab le. he ,aid . be gin , on March 6"'. with a letler being mail ed o ut by Dr . Ken Pruit!. wh o is 1he directo r fo r 1h e Cen u, Bureau . Thai will come to your ho use and will be the fi rst indicati o n 1ha1 !he Cen,us 1s o n iis way . In 1h1> area. bc1"ec11 March 13'h and 15"'. the form wi ll actuall y go o ul in th e mai l. and Ce n,u;, da} 1; April I". 2000. \\hich" the day by whi ch we are tryi ng to get the forms returned . Then th e re will be a break of about two \\Cc k,. he continued . when we will tabulate the re sponses th at come in. and th en we" ill ,tan ,endin g peo ple 111 10 the field to do the no n-response fo ll ow up . We wo uld cert ain ly like to ge t o ur re,pon,e rate up 1n th e seventies or eighti es. he said . because it will enable th e peo p le and th e re;,ourcc , that we have a va ilab le lO do a muc h bet1er job o n the no n-response fo ll ow up . Mr. Wh ite sa id if \IC ha ,e to go o ut and look for lift } percent of th e peo ple. that is go ing to cost a lot of mo ney. take a lo t o f ume and "o n·t be done a, effectivel y. We are aski ng for yo ur he lp in ge tting a hi gher re,ponsc rate . he ,aid . Some ,·1t1 e, ha,c pul th e word o ut th rough a local news lette r. and put stuffers in the utilit y bi ll ,. Mr. Whit e th ankt·d Publ i~ In fo rmat ion Offi cer Punccrelli fo r he lpin g to get thi s o rchestr ated . I-l e ,aid he provided her \I ith ,cveral packets of informati o n. altho ugh. as a fo rmer c it y manager. he sa id he kmm s bet1cr th an to bring pa c ket , lO the meeting if Council ha s not had a c hance to review th e m. Ms. Puncerel h c·an provide th o,e later. he said . The packet has ex ample, o f the stuffers that can be put int o a ny kind o f mailing. It al so indi,·aie s a websit.e . where we have a IOI of ad verti sement s. and so o n. The cnucal thing th at I wa nt tu leave yo u w11h to night . he said. is that we have a lot of wonde rful plans fo r p rov iding thi s serv ice. whi c h has been going o n s ince 1790. and the Cens us Bureau has perfected a lot o f the strategies it uses. But wit ho ut the he lp o f the local government and the fo lk s who live in thi s ci ty. it wi ll not be done effccu ve ly. so we need yo ur he lp in educa ting th e people about th e value to the city. he lpin g to moti va te people 10 look fo r th e form s. and th en se nd it back . It is somet hin g they won 't ha ve to do ag ain fo r te n year,. he ,a id. but th e money thal come s to yo u fo r the ne xt ten years will be ba sed o n th e an swers the y give no, . and th e nauona l figure th at we u,e is approxi ma tel y $165 .00 per person per year. ba sed o n ge nin g !he for m fi ll ed o ut accurate ly. Coun ci l Me mber Bradshaw as ked if there was an y wa y we could set up a drop off here at C ity 1-lall. We have peo pl e wh o come in and pay th e ir utilit y bill s and so fort h. Mr . Wh11 c ,aid he \I O U Id lik e to leave the particulars o f !he operation to th e local office . because th ey arc ge t lin g con,1an1 update,. Ms. 13rad,ha " sa id she knows a lot o f o ur c iti zens are down here at the library and different func t io n .. a nd we mi ght ge t more back that way . Mr. White said he understand s that. in the pa st. th ey may have had locked boxes at certain plac·c,. but. agai n. he would defer to the loc al office. Mayor Burns said we could pul reminders in the Englewood C itizen . C ity Manager Sear, ,aid 1ha1 i, already in place. He said Mr. White is al so sel 10 ta lk 10 Neighborhood Watc h o n March I". • ) I • 0 • • • Englewood C it y Counci l February 22 . 2000 Page 4 • .. • • Mr. White said he" here to help in an "ay he can . He sai d hi s bu;iness card is 1n the packets he provi ded. a nd he would be more than happy to help . He in vi ted Council to ca ll at any time. and he \\t>Uld provi de informatio n o r come and speak himself o r ;end someone from the loca l office. (bl Recip1em, of Aid 10 Ot her Age ncies were pre se nt to accept th eir donations for 2000 . (i) Ma~or Burn, prese nt ed a chec k fo r Interfaith Task fo rce 10 Board Pre si dent Dick Sly. Mr . Sly thanked Ma yor Burns and Council. He said Interfai th ha s been around for a lo ng lime and has helped a lo t of Eng le "ood nltzens . We are all e njoying suc h a robust econo my and the sad thing is. as the economy gets better. th e chas m bet\\een affordable ho us in g and what some o f o ur resident s ha,e to live in just widens and wide ns . The mo ney that Eng le wood presents to us really he lps narrow that. and we reall y appreciate it. he said . (ii ) Mayor Burns presented a chec k for Meals on Wheels to Ed Ryer. a member o f the board of directors for the Town of Littleton Shares. He said they rea ll y appreciate Engle \\ood·, support . Currently we are se rvi ng about 180 meals a d ay . he sa id. wi th over '.WO vo lunteer dn ver, and 1t " a no t for profit. Quite a few of the people we deliver 10 a re in th e C11y o f E ng lewood. he adv bed . (i ii ) Ma yo r Bums pre se nt ed a check for Gateway Battered W o men ·s S he ll er 10 Shelter Director Najah Herrmann . She said the shelter ser ve, so uth e rn Arapahoe Count y. She than~ed Counci l for supporting their efforts to end d o me sti c vio lence. a nd to prnvide a safe ha ven 10 women and children wh o have to leave their homes. She sa id she would ltke 10 tak e this opportunt1 y to give a very heartfelt thank yo u to the Englewood police department. who has alway . been very sup porti ve. not onl) 111 bring ing vic tims of d o mesti c vio le nce to the shelter. but also. when staff is fee ling threatened . th e pol kc arc always there to help. She sa id they really appreciate that a lo t. (iv) Mayor Burns prese nted a check for Arapahoe House to C raig Ho ffman. Assistant Program Manage r of their detoxificatio n services . He thanked Mayo r Burns and everyone associated with this grant. It wi ll ass tst us in cont inui ng to provide effec t ive a nd affordable s ubstance abuse treatment se rvices fo r the ci tize ns of Eng lewood and throughout th e met ro area. he said . Additionally. it will assist us in pro, iding a detox ifi cati o n program th at area law enfor.:emcnt agcncie;. including the E ng lewood police department. can ut ili ze to place int ox icated persons. so that th ey are not a threat to the communit y and. hopefu ll y, can begin th e path toward receivi ng some sort of tr eatm e nt. (v) and (vi) No o ne wa s present to accept th e checks for Arap ahoe Count y Metropo litan Mayors and Commi ssioners Youth Awa rd and Engle wood Southsi ders Special O lympi c, Program . Mayor Bums said the c hecks would be se nt tu th ose recipient s. 7. Non-Scheduled Visitors There we re no no n-sc hedul ed visi to rs. 8 . Communications. Proclamations and Appointments (a) See Agenda It e m 6 (a). (b) A le tt er fr o m J . Cole Hayd uk indicating hi s resignation fro m the Engl ewood Pl a nning and Zoning Commi ssio n was cons idered . COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO ACCEPT, WITII REGRET, A LETTER FROM J. COLE HAYDUK INDICATING HIS RESIGNATION FROM THE ENGLEWOOD PLANNING AND WNING COMMISSION. Ayes: Council M~mbers Garrett . Brad;ha w. W o losyn. • , I • 0 • • • Englewood City Counci l February 22. 2000 Page 5 Nay s: Absent : The motion carried . ,. ,,,... .. • ,. • - Yurchick . Grazuhs. Burn s None Council Member Nabholz .. ' ... Mayor Burn s commented that the member; of the Planning and Zoning Co mm1»i on really do ~e oman·, work. meeting so metimes two or three time s a month . We really apprccaatc that . he s:11d . 9. Public Hearing No public hearin g was scheduled before Council. IO. Consent Agenda MAYOR BU RNS REMOVED ITEM 10 (a) (i) FROM THE CONSENT AGENDA. COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED. TO APPRO\'E CONSENT AGENDA ITEMS 10 (a) (ii ) AND (iii), (b) (i) AND (ii ). ANO (c) (i) THROUGII (,·i). (a ) Appro val of Ordinances on Fi rst Reading (1i) COUNC IL BILL NO . 10. INTR ODUCED BY CO NC IL ME~IB ER BRAD HAW A BILL FOR AN O RDI NANCE AMENDING TITLE 2. CHAPT ER 10 . OF THE ENGLE WOOD M NICIPALCODE 1985 . PERTAINING TO THE ENGLEWOOD CO DE ENFO RCE ME 'T ADV ISORY COMM ITT EE . (111 ) CO NCIL BILL '0 . ?. INTROD UCE D BY CO NC'IL ME~IB ER BRADSHAW A BIL L FO R AN ORDI AN CE AMENDING VARIOUS TITLES OF THE ENGL E WOOD MUNICIPAL CODE OF 19 85 RECOGNIZ ING THE ORGANIZATIONAL STRUCTURE OF T l IE CITY . (b) Approva l of Ordinance s on Second Reading (1) O RDIN ANCE NO . 5 . SER IES OF 2000 (COUNC IL BILL NO . 5. INTRODU CED BY COUNC IL MEMBER GARRETT ) AN ORDINANCE AUTHORIZING THE DELEGATION TO THE CITY AND COUNTY OF DENV ER. COLORADO OF THE AUTHORITY OF THE C ITY OF ENGLEWOOD. COLORADO \VITI I RESPECT TO THE ISSUANCE OF SINGLE FAMILY HOME MORTGAGE REVENUE BONDS (T HE "BONDS") TO FINANCE RESIDENTIAL HOUSING FACILITIES FOR LOW AND MIDDLE IN COME PERSONS AND FAMILIES WITHIN THE CITY OF ENGLEWOOD . COLORADO AND CE RTAIN OTHER CITIES AND COUNT IES IN THE STATE OF COLORADO : APPROVING SUCH BONDS AND A SINGLE FAMILY MORTGAGE LOAN PROGRAM: AND AUTHORIZING THE EXECUT ION AND DELIVERY OF A DELEGATION AGREEMENT AND OTHER DOCU MEN TS IN CONNECTION THEREWITH . (ii) ORDINANCE NO . 6. SERIES OF 2000 (COUNC IL BILL NO . 6. INT RODU CED BY COUNC IL MEMBER GARRETT ) • ' . ) I • 0 • I I • -• Englewood City Council February 22. 2000 Page 6 ,. .-. • • - .. .. ' AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE COLORADO DEPARTMENT OF TRANSPORTATION (C OOT) A D THE C ITY OF ENGLEWOOD PERTAINING TO A GRANT ESTABLISHING A TRAFFIC ENFORCEMENT PROJECT . (c) Resolutions and Motions (i) RESOLUTION NO . 37. SER IES OF 2000 A RESOLUTION AUTHORIZING THE SOLE SOURCE P RC I !AS E OF \I ARI ABLE FREQ ENCY DRIVE AND AMP SURGE SUPPRESSOR FOR THE UNION A VEN E P U MP STATION IN ST EAD OF THE COMPETITIVE BID PROCESS UNDER SECTION 11 6 (b ) OF TII E HOME RULE C HART ER AND SECTION 4 -1-3 OF THE ENGLEWOOD MUNICIPAL CODE. !Clerk's note : This reso luti o n number was inadvertently assigned o ut o f ,equenc·e .J (ii) PURCHASE OF TWO TRUC KS FOR TH E PARKS DIVISION . THROUGI I THE STATE BID PROCESS. FROM KING CHAMBERLAI GMC IN Tl-IE AMOU NT OF $-l5 .071 .00. (iii ) PURCHASE OF A DUMP TR UC K FOR THE STREET OPERATIONS DIVISION FROM TRANSWEST TRUCKS. INCORPORATED IN THE AMOU NT OF $-l2.5 28 .00. (iv) PURCHASE OF A TEN YARD D MP TRUCK FROM TRANS WEST TRUCKS. INCORPORATED IN THE AMOUNT OF $63.2 10 .00. ( v) APPROVAL OF TASK ORDER NO . 2 DISCHARGE PERMIT RENEW AL TECHNICAL ASSISTANCE WITH COROLLO ENGINEERS IN HIE AMOUNT OF $63 .68-l .OO . (v 1) APPROVAL OF A SEWER TAP AGREEMENT WITH ARAPAHOE CHESTER ES HOTEL. LLC FOR TOWNPLACE SUITES BY MARRIOTT . Vote results: Ayes: Nays : Absent : The mo ti o n earned . Council Members Garrell . Brad shaw. Wolosyn. Yurchick. Grazulis. Burn s None Counci l Member Nabholz (a l (1) Ma yo r Burns advi sed that a Public Hcanng had been reque sted fo r Council Bill Nu . 9 concerning a name change for the Keep Ameri c a Beautiful Commi ssion. as well as amendment, to Tnle 2. Chapter 8 of the Englewood Municipal Code. Respo nding to Mayor Burns, Deputy C it y C le rk Castle advised that March 20. 2000 was the Public Hearing date requested o n the Council Communicati o n. COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO SET A PUBLIC HEARING .-oR MARCH 20, 2000 AT 7:30 P.M. TO CONSIDER PROPOSED AMENDMENTS TO TITLE 2, CHAPTER 8. Ayes : Nays: Absent : The motio n carried . Council Members Garrell . Brad shaw. Wo losyn. Yurchick. Grazulis. Burns None Council Member Nabho lz • .. ) I • 0 • • -• Englewood City Council February 22. 2000 Page 7 , .. .. The Deputy City Clerk read the council bill by title : .. • ,,-• • • -' COUNCIL BILL NO. 9. INTRODUCED BY COUNCIL MEMBER BRADSHAW A BILL FOR AN ORDINANCE AMENDING TITLE 2, CHAPTER 8. OF THE ENGLEWOOD MUNICIPAL CODE 1985. PERTAINING TO THE NAME C HANGE FOR KEEP AMERICA BEAUTIFUL COMMISSION TO THE NEW TITLE. KEEP ENGLEWOOD BEA UTIFUL COMMISSION . COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED. TO APPROVE AGENDA ITEM 10 (a) (i) -COUNCIL BILL NO. 9. Ayes : Council Members Garrell. Brad shaw . Wo lo,yn. Yurchick. Grazuli . Burns Nays : None Absent : Council Member Nabho lz The motio n carried . 11 . Regular Agenda (a) Approv a l of Ordman,es ,n Firsi Readin g (i) Code E nfo rcement Supervisor Lynn prc,cnted a rewmmendation from the Department o f Safety Service, to adopt a boll for an o rdinance pertaining 10 graftiu . Mr. Lynn ad vi;.e d that this would be a change 10 the definiti on. eliminating eight "ord , at the end o f the definito on. These are often taken out of context by some people. allowing some graflit> to remain . COUNC IL BILL NO . 8. INTRODUCED BY COUNCIL MEMBER WOLOSYN A BILL FOR AN ORDINANCE AMENDING TITLE 7. CHAPTER 6F. OF THE ENG LEWOOD MUNICIPAL CODE 1985. WHICH AMENDS THE DEFINITION OF GRAFFITI. COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED. TO APPROVE AGENDA ITEM 11 (a) (I) -COUNCIL BILL NO. 8. Ayes : Council Members Garrett. Brad s haw . Wolo,yn. Nays : Absent : The motion carried . Yurchick . Grazulis. Burns No ne Council Member Nabholz (ii) Director Eawn prese nted a recommcndato o n fro m the Department of Human Resource s to adopt a bill for an ordinance amending Title 3 of the E nglewood Muni ci pal Code. Ms. Eato n advised there are sec tion s of the Muni c ipal Code that relate 10 o perauonal aspects o f the Human Reso urces Department and staff is suggesting that those be removed and placed in the Administrative Po licy Manual. COUNCIL BILL NO . 11. INTRODUCED BY COUNCIL MEMBER WOLOSYN A BILL FOR AN ORDINANCE AMENDING TITLE 3. OF THE ENGLEWOOD MUNICIPAL CO DE 1985. WHICH PERTAINS TO MUNICIPAL OFFICERS AND EMPLOYEES . • ' ) I • 0 • • -• Englewood City Council February 22. 2000 Page 8 '· ~' .. ~ ,..,..-•4 • • -"' COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (a) (ii) -COUNCIL BILL NO. 11. Ayes : Nays: Absent : The motion carried . Council Members Garren . Bradshaw. Wolosyn. Yurchick . Grazulis. Burns None Council Member Nabholz (b) Approval o f Ordinances o n Second Reading There were no additional items submiued for approval o n ,e,·o nd reading . ( cc gcndJ 11cm 10 -Con,cnt Agenda.) (c) Re soluti o ns and Moti o ns There were no additional resolutio ns o r motions subm11t ed for apprmal. (See Agcnda Item 10 -Cn n,cn1 Agenda.) 12 . General Discussion (a) Mayor's Choice (i) Mayo r Burn said "e had a, 1>1t b) Go ,ernor k,se Ventura of Minnc,oia . Council Member Bradshaw commented that ,he ;a" Maior Burn, o n 1clev1sion o n Cha nnel 7. Mayor Burns stated that he had lunc h ,11th Go,ern,,r \'entura al 1he Buc ~h orn Exc hange . He ,aid he ,a1 ,,n hi s left and Cal Marsella was on hi s nght. Jim Egan "as >11ting at the table wnh us. and Susan Tho rnt o n from Li1tle1on came in a liule late. We JU,t carried fonh o ur di;cu,s1o n, on hghl rail and hi, suppo rt for that ever since he was a mayo r of a ,uburb of Minneapolis. He "a name o f Minneapoli s. Mayo r Burn, advised, bul most of what he wa, de>in g "a" prllJec1ed ba k lo Minne,ola for maximum po liti ca l bcndi1. including the press conference ou1,1de . Mayor Burn, ,aid he was d1>appoin1cd that no o ne rnvercd h1> ""11 to the Civic Center from the local media. either in pnnl o r 1elevi,ion. A 101 of the que,1iu ners were media from Minneapoli s. We asked for questions JI the ci ty hall ;,lie and he wa s peppered with question;, by media from Minneapolis. he sai d . and ii wa, all for consumptive u,e back there . Governo r Ventura had h1> radio show the nexl day. he said . here with G o ,ernor O "cn, o n II. ,o he wa s 1ry111g to gel maximum bcndi1 out of the exposure to light rail by broadcasting all that back to Mmnesoia . He 1s a character. Mayo r 13urn, o pined. and quite a media event . He had six body guard; and they were very to uc hy abo ut who wa, around him. s ince he gets a lot of death threat s . so they take their work very ,eriously. II was quite an experien,c being around someone who is that much of a media person. he ;aid. We did gel some exposure for the develo pment and whal we are doing in Englewood. and hopefull y that will carry over later tu gel ;,,unc beuer coverage from some of the local media . Some of the writers who commo nl y write abo ut hghl rail for both the Post and the News were there . he said . bul they did not cover 1he city hall ,i1c . (ii) Mayor Burns sa id he had a question about the Clean. Green and Proud Golf To urnament. In their minutes. he saw the sc hedule for June IS'". He asked if 1ha1 was right. It is usuall y heavily auended by City staff and Council members. bul he did no t feel 1hi, time could be correc t. Planning Technician Newman advised that it will be held on June 12'". Mayor Burns said that is the first day of operation in the new Civic Center after th e move. He allowed 1ha1 ii i, probabl y s,hcdulcd so far in advance that they really can no t change it. Ms. Newman said the second Mo nda y in June is the traditional date . • '· ' . ., ' .. ) I • 0 • • I '-" -• Englewood City Co unci l February 22 . 2000 Page 9 ,. :., . . , .. .. -· • • -... (iii ) Mayor Burns said he ha s asked Exec ut ive Assista nt 10 th e C it y Manager .. Bradshaw to investigate what II wo uld tak e if he was unable to anend the Na ti o nal League of Ci ties Conference. He said there is a pro blem across the street fro m hi s office and he ma y be mo, ing aga m. He sa id it is no t hi s problem . but the peo ple in the o ffice ha ve an o ffice o pen and are having trouble rentm g it. They were left in the lurc h. so now they are tryi ng to rent the spa.:e th a t is e mpt y. so he sa id he was at a very sho n tether for making a decision. "° he felt he had belier not tr y to go to NLC be c au se o f th is problem. They are checking thi s o ut to see if so meone ca n take hi s place. he said . City Manager Sears sai d it is the 9th through the 13th of Marc h. and the c ut off date wa s February 7•h. but we will do as much as we can . Mayo r Burn, added that he j ust got a me mo o n thi s about fo ur days ago . (iv ) Mayor Burns said there is a press re po rt. in the Englewood paper. that Community Cares ha s fi led a la w s u11 . Ci ty Anorney Brotzman said they have filed it. but ha ve no t se rv ed it o n the City. They will no t serve II o n the C ot y unt il after the Board o f Adju stment heari ng. he advi,.:d . Council Member Garren asked what the purpose wa s in filing it before th e hearing . Mr. Bro tz man said he did not understand it when he talked wi th Mr. Fine. either. because he did no t have a statute of limitau o ns problem. cenainly. and normall y you wo uld just wail until after. so he had no idea why 1ha1 was do ne . Mayor Burns asked if he was trying to influence th e Board o f Adju s1me·n1. Mr. Brotz man sa id he mi ght have been tryi ng to influence Council o r staff. but th at was no t an effective way o f do mg it. (b) Co uncil Members· Cho ice (i) Council Member Bradshaw: I . She introduced a reso luti o n authorizing Aid to Other Age nc ie s funding fo r :ooo . The re soluti o n wa s assigned a number and read by title : RESOLUTION NO . 36 . SERIES OF 2000 A RESOLUTION SPECIFY ING AID TO OTHER AGENCIES FO R 2000 BY TH E C ITY OF ENGLEWOOD. COLORADO. COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE RESOLUTION NO. 36, SERIES OF 2000. Ayes: Co unci l Members Garrett . Brad shaw. Wo losyn. Yurchic k. Grazuli s. Burns Nay s: No ne Abse nt : Counc il Member Nabh o lz The mot io n carried. !C lerk's note : Thi s re soluti on number was inadvertently assigned o ut of seq uence .I 2 . Counci l Member Brad shaw requested that Bo b Simpso n come forward to addre ss the requ es t for a moti o n indicating that certain te nants were acceptable to the Ci ty o f E nglewood at the C it yCe nt er Englewood developme nt . Mr. Simpson stated that he was s peaking fo r th e E nglewood Environmental Fo und ation thi s evenin g. He said thi s would be a di sc ussio n o n tenant li sts for the C it yCe nter Englewood. By co ntrac t. Miller Weingancn needs to hav e Council approve all tenants of7.000 square feet and abo ve . Previously. he • ~···~--.. --- ' . ) I • 0 - 1 • • -• Englewood City Coun ci l February 22. 2000 Page IO , . ... -~ .. • ,,-· • • -' recalled. Counci l ta lk ed about th e potential o f ha ving a Borders Book, a, an ancho r in th is proje,I. Border, Books ha s spec ified that there mu st be a cenain lev e l of co-1e nan ·y \\ilhin tho, project. To date. Miller Weinganen ha s indicated that the y are not able lo achieve th at co-te nancy. he advised . Mr. Simpson said he would be reading a li st o f proposed tenant s that Miller Weinganen wo uld like Coun ci l 10 consider for th is project that are still potential tenants fo r Ci tyCent e r at thi s time . W11h Council's acce ptance o f 1h1 s list. Miller Weinganen will work to cl ose their agreement with the Engle \\O<xl Enviro nment a l Fo und a 11 o n within the next sixty da ys. he said . Mr . Simpson read the fo ll owi ng li st: O ld Navy. Office Depot. Ross Dress fo r Less. Media Play. Pe tco. JoAnn Stores . Michae l's. Gan Sport,. Pier I . C.B . & Po tt,. Bo,ton ·s Gourmet Pizza. Don Pabl o 's, Roc k Botto m/Walnut Brewing a nd O ld C hkago Re;,ta ura nt s . The se te nants are being proposed because they are in excess of7.000 square feet and require Council approval. he sa id . Based on thi s li st being accepted by Counci l. Miller Weinganen \\Ill proceed. beg innin g the first thin g to mo rrow. with s ixty days to close with th e Engl ewood E m iro nmental Fo und at io n u n 1h1 ; prnpert). he advised. Mr. Simpson said the Engl ewood Environmental Fo unda11 o n 1s reque,1ing Council', approval of this li st. Mayor Burns asked Mr. Simpson to menti o n the restaurants . th e o ne s 1h a1 do nut have to be approved . Mr. Simpson said the tenants that Miller Weingarten has provided to us th at do not require apprn ,a l al thi, 111ne. and that the y are going forward with. include : Baily's He a lth and Fi tn ess. Jo hnn y Cari no ·s. El Tejado/La, Delicias . Internati o na l Ho use of Pancakes/Village Inn. Schl otz sky·s . Peaberry's. C hi po t le. Len sCrafter,. Hallmark Gifts. Supcrcuts/ Great C lip s. Esq uire Fabri carc and Famou s Footwear. Co unc il Member Bradshaw sai d she was ve ry di sappointed in thi s list. S he fe lt th ere were belier tenant s o ut there. and that Miller Weingarten o bvi o us ly ca n not deli ve r wh at she want s as a representative of o ur citizens o r what o ur citizens ha ve a,ked for. These are not d estinatio n reta iler, lik e we were to ld originally. she stressed. She felt Council was faced with a dilemma. It seems like th ey arc goi ng to gi ,c u; th e tenant , they ha ve a lways had . even though the) promi sed a Bo rders . She said she do ubts that O ld Nav} "111 be o n the li st. The first tenants that Miller Weingarten represe nted 10 us were Office Depot. Ro,s Dre,, for Le ». Petco and Bail y's. and those names are appearing again . The clock is running. so in s 1x1 y da y, th ey ha"e to have s igned contrac ts. She asked if that wa s correct. Mr. Simpson said they do no t ha ve 10 ha ve sig ned contracts. In six ty days they will cl o,e "11h th e C 11 y. he said. Ms. Brads haw asked what would happen if the y did no t close with the Ci ty. Mr. Simp,on ,aid th e~ are under contract to close at thi s poi nt. Ci ty Anorney Brotz man said if th ey do no t. }O U rnuld ,eek a nc" deve loper. or you could continue o n with negotiati o ns with them . if yo u so c hoose. Mr. S 1mp,on :1dded that . if they do no t close, also because of the co ntrac t provisi o ns al thi , time. th ey wi ll forfei t 10 th e C 11 y in excess of $700.000.00. Coun ci l Member Bradshaw sa id we kn o w th e deve lo pment "goi ng 10 look awesome. but ;he wa, ve ry disappoi nt ed in th e ten ant s. S he said she j ust can no t beli eve we are back 10 sq uare o ne . where we were sevent ee n mo nth s ago . Council Member Wolosyn asked if Coun ci l ha s the assurance of staff that th ere are ve ry tight des ign re stri c tions. even though what goes in ma y not be o ur fir st c hoice. Mr. Simpson sa id we ha ve very good des ign standard s for thi s property. He said he could ass ure them that the fran c hi se tenants wo uld not look like fran c hi se, they will be required to compl y wi th material s and colo rs standard s. a nd th ey wi ll be a n attractive additio n to thi s project. Ma yor Burns said he is also disappointed in this li st. as we had hoped to ge t some mo re destinati o n place fo r the citizens of thi s area. When he went to the shopping center conve nti o n in Octo ber in Palm Springs. he said he was impressed by how to ugh thi s bu s ine ss is. and how competiti ve it is . We ha ve had the question of whether an other deve lope r could deli ve r a more elaborate li st of tenant s. The market is ve ry important. they will tell yo u that. he said. The market is the market and the y can no t change it . a nd th ey look at your demographic s. We hav e had many of them tell us the y do not lik e the demographi cs in ' ,• . ) I • 0 • • -• Englewood City Council February 22. 2000 Page 11 ', ,,• .. • ,,-·• • • -' Englewood. he said . because the y are a bit lo wer than o ther cities aro und u .. Mayo r Burns o pined that th e average retailer does no t reall y kn o w ho w to evaluate the transi t oriented develo pment o r the li ght rail. They tend to set it aside and look at a traditi o nal box o r a set up that they are u sed 10. He nmcd thai their magazine had an article a few mo nths ago u n lransit o rie nted develo pment and new urbani sm. and maybe that is opening their e yes a little bit. The crowd we saw in Dallas at the Rail -\lolut1 o n Conference "a;, a very different group of peo ple than we saw in Palm Springs. The retailers remain \'Cry trad1t1 o nal a nd they just sort of say prove it to us that we c an make mo ne y in yo ur place. o r we will go somewhere ebe. he sa id. so it is a tough business out there . Mayor Burns said he wo uld hope there is a se,ond generatio n of tenant, in here someplace and. o nce they understand thi s develo pment . and how ,uccessful "e lhink i1 is goi ng IO be , !hat we will have a better selection. We do need to move ahead and pay o ur bill s. we need to pay 1he Certificates o f Partic ipati o n . and we need to meet o ur o bligatio n that we are c rca 1ing by all o f th e pubh, infrastru,·ture in there. he a sserted . We need to move ahead. he said . but he hope, that perhaps the y will gc 1 a better tenant o r two here before they are through . Mr. Simpson said it is important to no te that there is approximately 180.000 square feet o f leasable ,pace within this project currently. Thi s li st o f tenants wo uld far exceed that. What we are seeing here 1;. probably about 120.000 square feet of space that yo u will potential ly a ll ow these ten a nt , a, po;.,i hl c u,cr, in the project. Of the tenants that were named . such as Office Depot. Ross. Media Play. Pc1 co and Jo A11n Stores . you can really o nly have about three o f those tenant users in the p roject . he ;,a id . Whal 1h i, lht provides is the o pportunity for Miller Weingarten to try to deve lo p the best possi ble tenant nm "1th111 1h " given parameter. Mayor Burns sa id that i, a good point . lie aid to remember. ho wever. that C inderella C ll) had I .. m,lhll n square feet. and many of the o ther sho pping centers around here ha ve three o r four hundred 1hou,Jnd square feet . at least. T o the retailers. he o pined . CityC enter i. a pretty small square foo1a gc . The rn11,al mass they like to tall about i, reall y not here like it ,s in some o ther are.i,. he s aid . but that d ,,c, ""' mc,n thi, ,s no l going to be an excdlent place to ma ke mo ney . And then yo u ca n add o n Wal -Mart . o l c-.,u"c Mr. S1mp,on sai d "'hen you add Wal -Mart int o thi s. you ,tart to be at approxi m.itcl y 300.000 to :<.10 .000 square feet o f retail. and that is a ,ery rea,onable ,izc for a communit y sht •pp ing ce nte r. T h, ,, n,>1 . b) an) mean,. a small place . he :,aid. Council Member Grazulis commented that she. too. was di sappointed in the grouping 1h:1t "a, brnugh1 forth as being destinatio n s tores. when we were promi,ed somethin g ,pec,al. She said 11 1s 110 1 1h.1t ,he d ,,c, no t like all o f the se. there are some that she d ocs like . but s he d oes no t behc,·c 11 1. a s pec ial m,x l,ke "a, envisioned . She said ,he "'as no t s ure at the mo ment whi c h wa y ,he wo uld vote . beca use ;.he wa, \'Cry di sappointed in th e c hoices. Eve n though s he ha s o nl y been o n Counc il no w fo r thirteen mo nth s. ,he ,aid she ha s ,een the same things come forth. and ha s no t see n any o f Coun c il"s con;idcratio n;, being iaken in by th e develo per. They are still just going to d o what they wi sh to do without li stening to Counc il. She said she ma y give them a wake up ca ll. Council Member Yurchic k asked where we go fr o m here if we vo te thi s do wn . C it y Att o rney B rotzman said they would have no acceptable tenants to pursue. except th ose already approved. Office Depo t and Baily's . What Counci l would be doing is forcing their hand. coming up o n the cl osi ng date. o n whether they wanted to close o r no t. Obviousl y. if Council ha s no t approved anything . they can no t close. he said . Council Member Bradshaw said maybe we wo uld be in a better pos iti o n if we made Miller Weingarte n make that decisio n . Mayor Burns said he felt the critical part is whether they would cl ose . Put them to the test to see whether they would close. Counci l Member Bradshaw said her concern is that it ha;, hecn mne1 y days. it has been sixty days. it ha s been thirty days. and o ne delay after ano ther. and we are still where we were when she first go t o n Council and they were talking tenants . Regardle,s of o ur input o r o ur approva l or disapproval . why d o n"t they ju,t tell u s who they"ve go t? • . ., .. • ) I • 0 • • • Englewood C n y Co un n l February 22. 2000 Page 12 ~ ,,,-·. • • • • . . ~ Mayo r Burns aid we have lencr, of int ent. o bvi o us ly. th at we did no t have a fe" mo nth , ag o . Mr. Simpson said there arc a few additi o nal leners of intent. so me leases ha,·e been ne gotiated . W11h th1> li st approval. what yo u will ha ve is th e ability for Miller Weingarten to ri ns e '"thin ""Y da~,. If the y ,huuld not do that. the y wi ll forfeit in exce ss ofS700.000.00 and all the co,t5 that they ha ,e born a, a co mpany fo r the last six years. he advised. Council Member Bradshaw said just because yo u have ,tayed aro und lo ng eno ugh d ocs nu t mean yo u arc the best. Mayor Burns said he thinks we should put them to the te st with thi s hst to ,ee 1f they will cl ose with us or not. Council Member Bradshaw said the thing is. when we to ld them we wanted a Bo rders. they co uld no t deliver it. Mayor Burns said the y wo uld ha ve to deli ver th e l'O-te nant s. and the co-tenant;, ca me o n sne and they said no . Co uncil Member Brads haw said the~ were d o in g a deve lo pment in Dill o n and they rn uld have used that a s leverage. She recognized that she and Mayo r Burns had a diifrrent pers pe c ti,·e o n th at."' they would just agree to di sagree . COUNCIL MEMBER GARRETI MOVED. AND IT WAS SECONDED. TO APPROVE TIIE UST AS READ BY THE REPRESENTATIVE FROl\l THE ENGLEWOOD ENVIRONMENTAL. FOUNDATION. Ayes: Nays: Absent : The motion carried . Co unc il Members Garrett. Wo losyn. Yurchic k. Grazuli,. Burn, Council Member Brad,ha" Co uncil Member abholz Council Member Grazuli s said sixt y days and they are o ut of here if they d o no t deliver. (ii ) Council Member Grazuhs: I . She said she. too. attended the Jesse Ventura new, conferen,·c here. after driving sixteen ho ur s straight from Texas. One of his body guards stood right in front o f her. she moved o ver about six inches. whi c h was jus t enough to see Governo r Ventura . She agreed that hi, bodyguards were right up c lo se and personal. She said it was interesting bccau,e we were ho pin g to get a little mo re play in the media . She congratulated Public In formation Officer Punce relli for putting 11 to gether . bccau,e it reall y turned o ut. It wa s a media event . even th o ugh Englewood was no t menti o ned a s mu c h a;. we wo uld have liked . 2. She said s he attended a City Government Informati o n Day today with C it y Manager Sears and Ms. Punccrelli . She said she asked the yo uth what th ey wo uld hke to ,ee ,n the s ite. since we can no t deli ve r the movie theater. which they reall y wanted. She said we ha ve no t come fo rth fo r the yo uth o r th o ught o f them in anything . They wo uld really lik e some o ther type of a skate park. which she felt wa s no t the place to put it. but we co uld look at other places in th e Ci ty. o ne with a cover o n it . But they re a ll y want a safe place for youth to congregate, and she felt thi s wa s something that Co uncil needed to study bec ause she hears it over and over again. (iii ) Council Member Yurchic k said he received the Muse um o f Outdoor Am attempt at providing the 990 tax information he reque sted for 1996. 1997 and 1998 . Mc s ho wed what David Taylor provided. commenting that they did a nice j o b in providing all o f the in fo rmati o n. I le sa id he would like to re-submit thi s reque st to MOA. Me showed what he had recei ve d from them in re s po nse to his request. In the spirit o f cooperation. th ere is a lot to be desired . he said . • ~ . I ) I • 0 - • • • Englewood City Council February 22. 2000 Page 13 I• ... --· • .. • - City Manager Sears asked if Mr. Yurchick wo uld like fo r him 10 re-submil 1ha1. Mr. Yurchick said ye s. and he wo uld like lo foll o w-up wi1h 1he penahies of they d o nOI co mpl y wi1h the law. Co uncil Member Garrell asked if they had given any mdi ca1ion wh y they are reluc tant. because ii seems odd . Council Member W o lo syn re s ponded 1ha1 Mr. Lo mine said somelhing al the las 1 meeling abo u1 hi, bo ard. and some reservations they had. Council Member Yurchick said ii is a legal requirement. Council Member Brads haw said 11 wa, no l o u1 o f line and was nol an unusual rc.,que s1. Mayor Burns said he wa s no l very pleased wi1h 1ha1 hom,elf. II '""' n b, oo us ly a failure IO rc ,po nd . Cily Manager Sears said he wo uld d o a foll o w-up . Council Member Brad;,ha" ,a,d 10 J U>I d o a lcncr In their board members. Call Mr . Lonl inc and say if 1hc y can ·1 do 11. we are go m g 10 ha, e 10 ·o mmuno ca1c wilh the board . Council Member Yurchick said he did no 1 kno w of Mr. Lo mme reali zes 1h os. bul . accorJon g 1,1 1h e nc" la \\. he is personally liable for the tines in 1h1 s reque st. 10 1he lune o f up lO I 0 .000 .00 City Manager Sears said he would go ahead and ,._,nd horn a le ner IO 1ha1 e ffe,l. (iv) Council Member Wo lo s yn ,a,d. lO elaboralc o n a pl ace fo r lod,. she fe ll 11 would be nice. if something like thal ever wa s cons idered. lhal ol wo uld be mo re o f a gcncrallo nal ga1herong place. so we do not always continue to separate . It wo uld be ni ce 10 mee1 on a dofferem kvel. Council Member Bradshaw said. if yo u drive d o wn Windermere . gc-.in g ,oulh lO\\ard Belleview. there are large warehouses there. She said s he does no l know \\ ho o wns them. bul ,he lno w; 1hey are no l being used . She said Bladium. in Aurora. look an o ld airport hanger and !urned ll ml o a ,k,uc area fo r inline skating. There are lwo maj o r ronk, m,ide. and kod s use ol all th e lomc . and ;he saod ,he wo uld like a place like lhal for our children who wam lo do onlone skalmg. Anyone wh o c an gel on mlone ,kales can be o n a learn al Bladium. she advised . and she would like for us Lo look al lhal as a recreational avenue. M s. Bradshaw recognized thal il was no l quite whal they were talking about. bu1 fell il wo uld certainl y lill a need . 13 . City Manager's Report (a ) City Manager Sears said he received a leuer fr o m Sco11 Tuc ker. whi c h he had no l had lime lo review yel . He said there are two meetings lho s week . I le saod he wa s nm sure e xac il y whal thi s i, about. bul he passed oul copies 10 Council and said he would pa,s o ul copie s lo staff this week . (b ) City Manager Sears again !hanked C11 y Slaff. They arc wo rking extremel y hard o n a number of projects. such as the Waler Planl. with Bill McCo rmic k mo notoring that o n a dail y ba,o s. and we will give you an update on where we are with lhal. Al so . he said. Rick Kahm and Bo b Simpson co ntinue lo do a great job on their project. and Jerrell Black. al so. Mr. Sears said he believes the project is o n sc hedul e and we are finding ways of saving money as we go . coo rdinating dofferem effon,. The Wal -Mart construction continues as scheduled , and we are wo rking cl o sel y wilh lhem. Overall. lhe project is in good shape right now. he said. Mayor Burns said Wal-Marl looks like il is bringing in a lo l o f materials o ver there. C it y Manager Sears said they are going lO be o ul of the ground in no lime . The ,teel i, there for the rafler, and lhc bl ock i, no w on site. The pads are laid for the stairs . he said . and the parking structure behind Chuck E . C hcc,e is reall y • .. . ' ) I • 0 - • • Englewood City C o uncil February 22 . 2000 Page 14 -: "' • --• .. • -.. coming together nicely and looks great. Galapago has its c urb and gutter o n 11 and Fl oyd is coming together, working well with the retaining wall with Wal-Man . Staff is working through each o f these issues. he assened. to make sure that it is the type of develo pment we want. and wo rking with the architect to try to save costs and make sure it fit s within the budget. Council Member Bradshaw commented that it is very exc iting . Mr. Sears said it absolutel y is and it is nice to be a pan of it. 14 . City Attorney's Report (a) City Attorney Brotzman requested autho rizati o n to have Hall and Evan s defend a case brought by Patrick Magee. Council Member Garren asked the nature o f the c ase . Mr. Brotz man re spond ed that it is a claim of police brutality. COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO AUTHORIZE THE CITY A 1TORNEY TO HA VE HALL AND EVANS DEFEND A CASE BROUGHT BY PA TRICK MAGEE. Ayes : Nays: Absent: The motion carried. Co uncil Members Garrett. Bradshaw. Wo losyn . Yurchick. Grazuli s. Burns None C o uncil Member Nabho lz (b) City Attorney Brotzman said he would like to offer a pat o n the back for the o ngo in g effons o f the Malley Center staff. He said he wa s silting at a business meeting with two seni ors wh o did not know where he worked . They were discussing the Malley Center and their programs. he said . When one of them had finished listing all the great programs . he said he wa s a res ident o f Den ver. but reall y fe lt a pan of the Englewood community. Mr. Brotzman felt that wa s a mce co mpliment for the staff. 15 . ADJOURNMENT MAYOR BURNS MOVED TO A~JOURN. The meeting adjourned at 8:55 p .m . ' . . ,,• .. . ~ ,. .. • I • • ]- • • 1. 2. 3. .. ,,,.. • /••-., • - AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL TUESDAY. FEBRUARY 22, 2000 7:30 P.M. Call to order. j:t)()p.m. Invocation. ~ Pledge of Allegiance. ~ .. 4 . Roll Call. &J puu,d--/J~ o./4u::t 7 . Minutes . ~ a. Minutes from the Regular City Counc il meeting of February 7, 2000 . Scheduled Visitors. (Please limit your presentation to ten minutes .) a . Jim White from Census 2000 will be present to address Council regarding the Census process and to accept a proclamation supporting the Census 2000 efforts . b. Recipients of Aid to Other Agencies Funding will be present to accept the ir donations for 2000: i. ii. iii. iv . V. vi. lnterFaith Task Force Town of Littleton/Meals on Wheels Gateway Battered Women's Shelter Arapahoe House Arapahoe County Metropolitan Mayors and Commissioners Youth Award. Englewood Southsiders Special Olympics Program N°"jed,led V•ito,s. (Please limit your presentation to five minutes .) Please note: If you have a dlaablllty and need auxiliary aids or services, please notify the City of Englewood (303-762-2405) at least 48 hours In advance of when aervicn are needed. Thank you . -. • ' . ., ) I • C, • • .. ,. • ,. . . • • .. Englewood City Council Agenda February 22, 2000 Page2 8 . Communications , Proclamations , and Appointments. (~) a . Proclamation declaring Census 2000 as a top priority in the City of Englewood and encouraging the community to place an emphasis on achieving an accurate and complete count. ~· Letter from J . Col e Hayduk indicating his resignation from the Englewood Planning and Zoning Comm iss ion . 9 . Public Hearing. (None scheduled) 10 . ConsentAgenda. ~~~~/Oa_t' ,., a . Approval of Ord ina nces on First Reading . ~ .110.)~~~,0 . / -i_. COUNCIL BILL NO . 9 -Recommendation from the Department of I.I Commun ity Development to adopt a bill for an ord inance amending t he Englewood Municipal Code to reflect the name change of Eng lewood's f ri) Clean, Green , and Proud Commission to Keep Englewood Beautiful. STAFF ~;-~r~ t,'0 ~~~~;~: Kate Newman, Planning Technician and Tricia Langon , ~ ~ --ii. COUNCIL BILL NO . 10 -Rec ommendation from the City Attorney to adopt a .,, , • .+= i,·, bill for an ordinance amending the Englewood Municipal Code pertaining to 100"'' membership on the Code Enforcement Advisory Committee . STAFF .I-' /Oe,,. SOURCE: Dan Brotzman, City Attorney. ob "ii. COUNCIL BILL NO. 7 -Recommendat ion from t he City Manager to adopt a ,_.,O bill for an ord inance rev ising the Englewood Mun icipal Code 's Administrative fll Ordinance . STAFF SOURCE: Gary Sears , City Manager and Dan Brotzman, City Attorney. b. Approval of Ord inances on Second Read ing . i. Counc il Bill No . 5 , assigning and transferring to the City and County of Denver the 2000 City of Englewood allocation from the State of Colorado ce iling for private activity bonds to finance res idential housing facilities for low and m iddle income persons within the City of Englewood and certain other cities and counties in the State of Colorado . Council Bill No . 6 , approving an Intergovernmental Agreement with the Colorado Department of Transportation for grant funding to continue the traffic enforcement project. c . Resolutions and Motions . i. Recommendation from the Utilities Department to adopt a resolution authorizing the purchase of a Variable Frequency Drive for the Union Avenue Pump Station . Staff recommends purchasing the equipment from Ryal! Electric , a sole-source supplier, in the amount of $30,112.40. STAFF SOURCE: Stewart H. Fonda, Director of Utilities. Please note: If you have a dlsabillty and need auxiliary aids or services, please notify the City of Englewood (303-762-2405) at least 48 hours in advance of when services are needed. Thank you . • • ., ) I • 0 ] • • .. ~ • .. .. .. • -' " Englewood City Council Agenda ' February 22, 2000 Page3 'i. Recommendation from the Department of Parks and Recreation to approve, by motion, the purchase of two trucks for the Parks Division . Staff recommends awarding the bid , through the State bid process, to King Chamberla in GMC in the total amount of $45,071.00. STAFF SOURCE: Jerrell Black, Director of Parks and Recreation and Dave Lee, Manager of Open Space. -iii. Recommendation from the Department of Pub lic Works to approve. by motion, the purchase of a Dump Truck for the Street Operations Division . Staff recommends awarding the bid to the only technically acceptable bidder, Transwest Trucks, Inc., in the amount of $42,528.00. STAFF SOURCE: Ken Ross, Director of Public Works. iv . Recommendation from the Littleto n/Englewood Wastewa ter Treatment Plant Supervisory Cor-:mittee to approve. by motion , the purchase of a 10 yard dump truck. Staff recommends awarding the bid to Transwest Truc ks in the amount of $63,210.00. STAFF SOURCE: Stewart H. Fonda, Director of Utilities. v. Recommendation from the Littleton /Englewood Wastewater Treatment Plant Supervisory Comm itte,e to approve , by mot ion , the Task O rder No . 2 discharge perm it renewal techn ical ass istance with Corolla Engin eers 1n th e amount of $63 ,684 .00. STAFF SOURCE: Stewart H. Fonda, Director of Utilities and Charles J. Caudill, Process Development Analyst. vi. Recommendation from the Utilities Department to approve , by motion , a Sewer Tap Agreement with Arapahoe Chester ES Hotel, LLC for a Townplace Suites by Marriott. STAFF SOURCE: Stewart H. Fonda, Director of Utilities. 11 . Regular Agenda. a. Approval of Ordinances on First Reading . ll'o L COUNCIL BILL NO . 8 -Recommendation from the Department of Safety Services to ad tor an ordinance pertaining to graffiti. STAFF SOURCE: avid Lynn Code Enforcement Supervisor. _.ii. COUNCIL BILL NO . 11 -Recommendation from the Department of Human 1,J~&-6 Resources to adopt a bill tor an ordinance amen Ill of the Englewood Municipal Code . STAFF SOURC Sue Eaton, Director of Human Resources. ~ v--b . Approval of Ordinances on Second Read ing . -. C. Resolutions and Motions . Pie ... note: If you have a disability and need auxiliary aids or services, please notify the City of Englewood (303-762·2405) at least 48 hours In advance of when services are needed. Thank you. • • I • 0 - Englewood City Council Agenda February 22, 2000 Page4 12. General Discussion. a. Mayor's Choice. ,. ... .. • • .. • • ... n JJ,,t,' "" b. Council Members' Choice . ~ ,,oR,,,~31. i. A '"'°'"';on authOri•ng Aki to Othee Agendes tundi.ng to, 2000 . ~ MrJ-~-ii . A motion indicating that certain tenants are acceptable to the City of • • .:;,J~•, {,'_ '.JJ.p,_ s.nglewood at the CityCenter Englewood development. ~ ~ (~-~ J...J V 13 . ~ity Manager's Report. a. CityCenter Englewood Update. 14 . City Attorney's Report. ~ / a. Request for authorization to have Hall and Evans defend a case bro ught by Patrick Magee . &'o Adjournment. ~ $J ~b~ (iY't'1 The following minutes were transmitted to City Council between February 4 and 17, 2000 : • Englewood Clean, Green and Proud Comm ission meeting of January 11, 2000 • Englewood Public Library Board meeting of January 11, 2000 • Englewood Planning and Zoning Commiss ion meet ing of January 18 , 2000 • Englewood Code Enforcement Advisory Committee meet ing of January 19 , 2000 12(b)(ii)- Acceptable tenants : Old Navy Office Oepot Ross Dress tor Less Media Play Petco JoAnn Stores Michael's Gart Sports Pier 1 CB & Potts Boston's Gourmet Pizza Don Pablo's Rock Bottom,Walnut Brewing Old Chicago Restaurants Please note: If you have a dlsablllty and need auxiliary aids or services, please notify the City of Englewood (303-762-2405) at least 48 hours In advance of when Hrvlces are needed. Thank you. -. ' . .. ~ ... . 0 I • 0 - • • • • ,,-. • • -.. 5 A1 ENGLEWOOD CITY COUNCD.. ENGLEWOOD, ARAPAHOE COUNTY, COLORADO Replar Sellioa Jl'ebnaary 7, 2000 I. Call to Order The regular ..-ting of the Englewood City Council was called to order by Mayor Burns at 7 :38 p.m Mayor Burns noted that wc have quite a full house tonight and we are scheduling a little dilfercntly. He said they would advise them of that as wc go along so wc can accommodate everyone who is bcrc. 2. 111\'ocadoll The invocation was given by Mayor Bums. 3. Pled&e al AllqiaDce The Pledge of Allegiance was led by Mayor Bums. 4. Roll Call Present: Absent: A quorum was prcsmL Council Members Gnzulis, Gam:tt, Bradshaw. Wolosyn, Yurchick, Bums Council Member Nabbolz Al5o prcseot: City Manager Scars City Attorney BrulZIDall City Clatt Ellis 5. Miaatel Director Gryglewicz. Fimncial Scrviocs Housing Fmancc Specialisl Grimmett (1) and (b) COUNCD.. MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE THE MINUTES OJI' THE UGULAR CITY COUNCD.. MEETING OF JANUARY 17, 2000 AND THE MINUTES OJI' THE SPECIAL CITY COUNCD.. MEETING OJI' JANUARY JI, 2000 • Ayes : Nays : Absent: Motion earned. 6. Sdleclaled Viliton Council Members Garrett. Bradshaw. Wolosyn. Yurchick, Grazulis, Bums Nooe Council Member Nabholz (1) City of Englcwood Employees. Police Officer Jobnaon and Dclcctivc Garrett. were prcsclll to addrell Council repnling die City '1 aepolism policy . Brad .JolmmD and Robin (Bobbie) GureU iDlroducDd lllcmleM:s . ) I· 0 ------~---~------------------------.----------------- • • • Englewood City Council Febnaary 7, 2000 Page 2 ,. ,,-. 0 - Officer Garrett advised that they wort for Safety Services in the Police Division. He ad\~scd he is a patrol officer and Bobbie is a delcctive. We are here tonight. be said. to present a proposal to amend the City Municipal Code 3-10-8. which addresses family employment restrictions. He explained that the Code. paraphrased. says that no family member can be prolJIO(ed to a position where they would super.~ se another family member. In December he was moouraged to take the promotional test for sergeant. Upon testing he finished number one in the assessment center process . He advised that following the ranking announcement. Director Olson told him that be was the obvious choice for promotion. however the Municipal Code prohibited the promotion as loog as Bobbie remained "ith Safety Services. Director Olson gave him permission 10 research altemalives with the Human Rcsowtes Department Head Sue Eaton. He said that. after meeting with Ms . Eaton. she met with City Manager Sears and City Attorney Brotzman to discuss altemauves. They fell the CXlde should remain. Mr. Johnson said that. after reponing to Director Olson. be gave him permission to speak with City Manager Sears. Upon speaking with Mr Sears he informed him that be would try lo create a win/win situation A week later. Mr. Sears informed him that the family restrictions should remain as oode. Mr. Sears advised him that he could not change the Municipal Code and that only City Council had that power. Mr. Johnson stated that the City Manager gave them permission to address City Council. He commented that be and Bobbie wish 10 create a win/,..in situation. So. he said. they contacted 12 other cities concerning their family employment restm:tions and all of the cities but one permitted promotion and continued employment. This was accomplished by hift or division assignment that eliminated direct supervision. He noted that the depanrncnts contacted are contained in Council's packets and they range in size from 30 employees to 250 employees. He noted that he and Bobbie have worked in separate divisions for six years and have ser.•ed the City for over elC\·cn years. The City has invested thousands of dollars in developing us into the assets we are today . he said The current Code eliminates any growth potential for the City's developed assets and forces c ompetent employees to leave its service. Mr. Johnson opined that this crealCS a void in the quality of service provided to the public. By April I" there will be twelve sergeant positioos with the possibility of creating another position at a later date. He stated thal the proposed CXlde prevents direct supervision. however. \\1 th the number of sergeant positions available. compliance should not be difficult .. The new code will define the conditions and limitations concerning direct supervision. This 5lep wiU aeate a win/win situation for the City and qualified candidates can be hired and promoled and the City can retain valued employees. he said. Mr. Johnson stated that the City of Englewood is a a11ting edge community that prides itself on development and innovative practices. He said they n:specd'ully n,quest the Council to review the suggested alternative and aUow continued growth for the City and its employees. Ms . Garren said that over the pas1 several weeks she has been confronted with many issues. The bottom line being that. unless she resigns from the City. Brad will not be promoted. She stated she values her c:am:r and while divorce would be a quick way lo comply with the current Code. to do so for promotion is morally and ethically wrong. She advised thal she conlacted other organiz.alions to see how they dealt with family issues and learned 1h11 this is not a unique situation. Many agencies have already updated or revised their family employment policies. Ms . Garren opined that their changes made sense and are worlting. Updating our Code is not a major undertaking. she said. and incorporating a clear definition of "family member" and "direct supenisor" will leave little room for misinterpretation. As we all know. she said. people naturally resist change. Most scc change as uncomfonable, unpredictable and unsafe. Change brings us face to face with the wllalown and our fears kick in. Will it worlt ... can it worlt ... will it be criticiud ... how much opposition is this going to cause? Once implemented, she said. change breathes new life and new ideas. without change individuals and organiDtions stagnate. Ms. Garrett stated that change gets us to the next step and. tbll*5 to changes. we have a Bill of Rights and we use computers. the Internet and cell phones on a daily basis. Women now comprise .W-/o of the worlt force, they serve in the mil ital)· and in law enforcement. Change can be difficult to accept. she noted . Cinderella City was once loved by all but the needs and habits of the consumer changed. Many tried to save Cinderella City and eventually change won oul She commented tbal. looking baclt. she wonders what all the fuss was about. that developing the Englewood Civic Center was always a good thing. it just took awhile for everyone to accept the change. Change isn 'I easy, especially if it is perceived as a tbreal. The proposed code is non- • I • 0 • • -• ,. ,.. . • • - Eagkwood City Council Fcbnaary 7, 2000 PaccJ threatening. it provides for continued service of family members with minimal change and no challenge. Conforming to the conditions will be the responsibility of the employee. If a situation were to arise . adminislralion may consider altcmalivcs, however, final determination will ultimately be in what best serves the interest of the public and the City . Cities and organmitions arc growing. She commented that recruitment of quality applicams bas become a struggle. Recently, Hwnan Resources initiated a campaign that provides cash incentives to employees if the City biles their neighbor, their friend or a famil y member . Unless the currelll Code is amcndal. both the employee and the recruited family member could encounter limited growth throughout their entire career and promotion may be non-existent The proposed code is noching more than a tool . A tool that can be implemented to better serve the needs of a growing organuatioo and community. Ms. Garrett advised that in 1991 she was activated as pan of Dcsen Storm. she was a Marine trained to pcrfonn a specific task. The rules regarding discipline and conduct applied to everyone. Marines arc tided IP'CCII and~ 5laads for equality. It nxmis being a wife. a husband. a father or a mother is irrelevant. It is about getting the job done . Police officers arc the ones that wear blue , they arc the men and women sworn to serve and proeect. Policies and ~ ensure that everything we do . we do righl I am a dcdicalcd police officer. she said. and she and Brad made an agreement with God and God alone. 1bat agreement should have no bearing on career. retention or promotion. Ms . Garrett said that she rcspcctfully requests that Council review the proposed code they have provided. She stated it makes sense, that control and integrity will remain inlaet and the City will have continued use of valuable assets and investments. It is like putting stock in our City's future. she said. Mayor Bums advised that Council docs not normally comment too much when somebody comes up in this situation . But frankly, be said. be is interested in pursuing this further . He wasn 't sure if :mybody else was interested. Council Member Wolosyn stated she was also . Mayor Bums said be would like to know about these other departments and how they ge1 around the problem and avoid il l.ndecd. be noted. conditions ba\'C changed a lot in the wortplaec in the put few dceadcs. He said be bas ccnainly seen it in bis own profession. the law . that it bas comple1ely changed . lf there arc ways of trying to implemcat a new policy that might be accommodating, be said. he was ccnainly willing to pursue il Mayor Bums Slid be. for one. would like to have a study session on this and compare othcr communities and ICC wbal they do. He pointed out that we obviously have sotnc urgency here to review this. He DOied be sees some beads nodding and asked if the Council member.; agrc:cd . Counc1 I indicalcd they concumd. Mayor Bums thanked Officer Johnson and Delec:tivc Gam:tt for coming and advised them Council would pursue this for them . Mr. Johnson and Ms. Gam:tt thanked Council . Mayor Bums thanked the Safety Services folks for coming. 7. Noe-KlledMled Viliton Mayor Bums advised that they would be moving ~non-scbcduled visitors" to after a reception we are having . He noted we have a lot of people here tonight, people to rceogniz.c who have been appointed to our boards and commissions and we arc recognizing our Metropolitan Mayors and Commissioners Youth Award nominees . So they would like to go through that and then cotnc back to the ~non-scheduled visitors." (Clerk's note: See page 14.J 8 . Comm•llic1lilNl1, Prodaaadau Md Appoiamcell COUNCIL MEMBER BIL\DSBAW MOVED, AND IT WAS SECONDED, TO ACCEPT WITH REGRET AGENDA ITDIS I (1) Mill I (It). (a) A leaer frum JIIICl Spenpiberg indicaiDI ber raignalion from the Englewood Cultural Arts Commiaioa ., ) I • 0 • • -. Eaglewood City Coaadl Febniary 7, 2000 Pqe4 .. ~ ,,.-. • • - . ' (b) A letter from Bill Vobejda indic:aling bis raipllioa from the Englewood Water and Sewer Board. Vote raalb: Motion carried. Ayes : Nays : Absent : Council Memben Gama, Bradlbaw, Wolosyn. Yun:bick. Grazuli&, Burm None Council Member Nabholz (c) Appointment o(Boud wl Q)mmiaion Members. (i) TIie raolutioa -Uligned a Dtllllbcr and read by title: RESOLlJTION NO . 6, SERIES OF 2000 A RESOLlJTION REAPPOINTING CAROLYN ARMSnONG TO THE PARKS AND RECREATION COMMISSION FOR THE CITY OF ENGLEWOOD, COLORADO . COUNCU. MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM I (c) (I) -RESOLIJ110N NO. 6, SERIES or 2000. Ayes : Council Memben Gama, Bradshaw, Wolosyn. Yurcbick, Grazulis. Burns Nays : None Ablcnt : Council Member Nabholz Motion carried. (ii) COUNCU. MDIKR WOLOSYN MOVED, AND IT WAS SECONDED, TO APPROVE AGINDA ITIM I (c) (ii). RESOLlJTION NO. 7, SERIES OF 2000 A RESOLlJTION REAPPOINTING GARY C. BOWMAN TO THE NON-EMERGENCY RETIREMENT BOARD FOR THE CITY OF ENGLEWOOD , COLORADO . Vote raalb: Ayes : Council Mcmbcn Gama, Bradlbaw, Woloayn, y urchick, Graz:ulis, Burns Nays : None Absent: Council Member Nabholz Motion carried . Mayor Bums presented a certificate and City pin to Mr. Bowman. (iii) COUNCU. MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM I (c) (iii). RESOLlJTION NO . 8, SERIES OF 2000 A RESOLlJTION REAPPOINTING LORRAINE CAHD..L TO THE PUBLIC LIBRARY BOARD FOR THE CITY OF ENGLEWOOD, COLORADO. • ' ) I· 0 - • • -• ) :,•. Eallewood City Couc:il Febnaary 7, 2000 Paces Vote raalta: Ayes : Nays: Motion carried. Absent: .. • • - Council Members Gama. Bllldsbaw, Wolosyn. YIU'Cbick, Grazu1is, Burns None Council Member Nabbolz (iv) COUNCD.. MEMBER GRAZULIS MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM I (c) (iv). RESOLunON NO. 9, SERIES OF 2000 A RESOLunoN REAPPOINTING LEROY Wll.LJS DaVAUL T TO 1l{E NON-EMERGENCY RETIREMENT BOARD FOR 1llE CITY OF ENGLEWOOD, COLORAoo. Vote raalta: Ayes: Nays : Absent: Council Members Gama. Bradshaw, Wolosyn, Yun:hic:k, Grazulis, Bums None Motion carried. Council Member Nabbolz Mayor Bums presented a ccnificate and a1y pin to Mr. DaVault. (v) COUNCD.. MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM I (c) (v). RESOLunoN NO. 10, SERIES OF 2000 A RESOLunoN APPOINTING JOHN A GATES TO 1l{E CUL 1lJRAL ARTS COMMISSION FOR 1llE CITY OF ENGLEWOOD, COLORAoo. Ayes: Nays : Absent: Council Members Gama. Bllldsbaw, Wolosyn. Y un:hic:k, Grazulis, Bums None Council Member Nabbolz (vi) COUNCD.. MEMBER GRAZULJS MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM I (c) (vi). RESOLunoN NO. 11 , SERIES OF 2000 A RESOLunoN APPOINTING CHARLEs HABENICHT TO 1l{E WATER AND SEWER BOARD FOR 1llE CITY OF ENGLEWOOD, COLORAOO. Ayes : Nays: Absent: Motion carried. Council Members Gama. Bllldsbaw, Wolosyn. Yurc:bic:k, Grazulis, Bums Nooe Council Member Nabbolz • ., .. • I A I . 0 ]- • • -. Ea&iewood City Coucil Febnary 7, 2000 Pqe6 '"l:,. .... .. ,, --· • • -' Mayor Bums presented a ccrtificalc and City pin to Mr. Habenicht. ... (vii) and (viii) COUNCil. MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEMS I (c) (vii) ud (Yiii). (vii) RESOLUTION NO. 12, SERIES OF 2000 A RESOLUTION APPOINTING RUTH HANSEN TO 11fE CLEAN. GREEN AND PROUD COMMISSION FOR 11fE CITY OF ENGLEWOOD, COLORADO . (viii) RESOLUTION NO . 13, SERIES OF 2000 A RESOLUTION REAPPOINTING RUTH HANSEN TO 11fE CODE ENFORCEME1'IT ADVISORY COMMITI'EE FOR 11fE CITY OF ENGLEWOOD, COLORADO. Vateraalb: Motion c:arried. Ayes : Nays: Absent: Council Members Gama, Bradshaw, Wolosyn. Yurchick, Grazulis, Bums Nooe Council Member Nabbolz (ix) COUNCil. MEMBER GRAZULIS MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM I (c) (a). RESOLUTION NO . 14, SERIES OF 2000 A RESOLUTION APPOINTING KENNE111 J. HARALDSEN TO 11fE URBAN RENEW AL AlITHORITY FOR 11fE CITY OF ENGLEWOOD, COLORADO. Ayes : Nays : Absent : Motion c:arricd. Council Members Gama, Bradshaw, Wolosyn. Yurchick, Grazulis, Bums Nooe Council Member Nabbolz Mayor Bwns prcscotcd a oCl1ificalc and City pin to Mr. Haraldscn. (x) COUNCil. MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM I (c) (•). RESOLUTION NO . 15, SERIES OF 2000 A RESOLUTION REAPPOINTING JIM BIGDA Y TO 11fE WATER AND SEWER BOARD FOR 11fE CITY OF ENGLEWOOD, COLORADO . Vote ..-Ju: Ayes : Nays : Absent: Council Members Gama, Bradshaw, Wolosyn. Yurchick, Grazulis, Bums None Council Member Nabbolz • ' . ~ I· 0 - • • E•clewood City Coucil Februry 7, :ZOOO Pqe7 Motion carried. ,. ~-. .. • .. • - (xi) COUNCU. MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM I (c) (Ii). RESOLUTION NO. 16, SERIES OF 2000 A RESOLtmON REAPPOINTING NORMA HOLMBERG TO nm ELECTION COMMISSION FOR 1llE CITY OF ENGLEWOOD, COLORADO. Motion carried. Ayes : Nays : Absent: Council Members Gama, Bradshaw, Wolosyn. Yurcbick. Grazulis. Burns None Council Member Nabholz (xii) COUNCU. MEDER GRAZULIS MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM I (c) (Di). RESOLUTION NO. 17. SERIES OF 2000 A RESOLUTION APPOINTING TARA HOLMES AS A YOU"lll MEMBER OF nm PARKS AND RECREATION COMMISSION FOR nm CITY OF ENGLEWOOD. COLORADO . Voterealu: Ayes : Nays : Ablcot : Motion carried. Council Mcmllen Gama, Biadlbaw, Wolosyn. Yun:llick. G1azu1is. Bums None Council Member Nabbolz Mayor Burns prelClUed a cer1ificatc ml City pin to Ms. Holmes . (xiii) and (xiv) COUNCU. MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEMS I (c) (mi) ud (dv). (xiii) RESOLUTION NO . 18, SERIES OF 2000 A RESOLtmON APPOINTING J. WR.LIAM (BD...L) McCAHILL TO 1llE CLEAN, GREEN AND PROUD COMMISSION FOR 1HE CITY OF ENGLEWOOD , COLORADO . (xiv) RESOLUTION NO. 19, SERIES OF 2000 A RESOLUTION APPOINTING J. WR.LIAM (BD...L) McCAHILL TO 1llE CODE ENFORCEMENT ADVISORY COMMITIEE FOR 1HE CITY OF ENGLEWOOD, COLORADO . Ayes : Nays : Ablcnt: Motion auried. Council Mcmllen Gama. Bradshaw, Wolosyn. Yun:llick. Gmzulil, Bums None Council Memller Nlllllolz . , ) I . 0 • • -. Ea&lewood City Coaadl Febnwy 7, 2000 Pqel I • .. ·~ .. ~ .,,.,4 • • ... • -' (xv) COUNCB. MEMaER WOLOSYN MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM I (c) (n). RESOLUTION NO. 20, SERIES OF 2000 A RESOLUTION APPOINTING JANET MOORE TO TIIE CULTIJRAL ARTS COMMISSION FOR TIIE CITY OF ENGLEWOOD, COLORADO. Vote..-lU: Motion carried. Ayes : Nays: Absent : Council Members Oam:a, Bradshaw, Wolosyn. Ywchick, Grazulis, Bwns Nooe Council Member Nabbolz (xvi) COUNCB. MEMaER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPRO,'E AGENDA ITEM I (c) (m). RESOLUTION NO. 21, SERIES OF 2000 A RESOLUTION REAPPOINTING EUGENE 011S TO TIIE WATER AND SEWER BOARD FOR TIIE CITY OF ENGLEWOOD, COLORADO. VOlerealtl: Ayes : Nays : Absent: Council Members Olma. Bradshaw. Wolosyn. Yun::bick, Oluulia, Bums None Council Member Nabbolz (xvii) COUNCB. MEMal:R GRAZtJLIS MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM I (c) (mi). RESOLUTION NO . 22, SERIES OF 2000 A RESOLUTION REAPPOINTING ROBlN OITOSON TO TIIE PUBLIC LIBRARY BOARD FOR TIIE CITY OF ENGLEWOOD, COLORADO. Vote raalta: Ayes : Nays : Absent: Motion carried. Council Members Oam:a, Bradshaw, Wolosyn. Yun::bick, Grazulis, Bums Nooe Council Member Nabbolz (xviii) COUNCB. MEMaER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM I (c) (mH). RESOLUTION NO. 23, SERIES OF 2000 A RESOLUTION REAPPOINTING CHRISTOPHER RANSICK TO TIIE PUBLIC LIBRARY BOARD FOR TIIE CITY OF ENGLEWOOD, COLORADO . • ' . ., I· J • • • Eapewood City Coucil li'ebnaary 7, 2000 Pa&e9 Vote raalb: Ayes : Nays : Absent: Motion carried. -·· • :,. • - Council Members Gama. Bnidsbaw, Wolosyn. Yurcbict, Grazulis, Bums None Council Member Nabbolz ... (xix) COUNCll.. MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM. (c) (m). RESOLtmON NO. 24, SERIES OF 2000 A RESOLtmON REAPPOINTING DOUGLAS E. RININGER TO THE PLANNING AND ZONING COMMISSION FOR THE CITY OF ENGLEWOOD, COLORADO . Vote raalb: Ayes : Nays : Absent: Motion carried. Council Members Gama. Bnidsbaw, Wolosyn, Yurchick. Grazulis, Bums None Council Member Nabbolz Mayor Bums pesented a certificate and City pin to Mr. Rininger. (xx) COUNCll.. MEMBER YURCBICK MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM I (c) (u). RESOLtmON NO. 25, SERIES OF 2000 A RESOLtmON REAPPOINTING DONALD RO'm TO THE CODE ENFORCEMENT ADVISORY COMMJTllIB FOR THE CITY OF ENGLEWOOD , COLORADO . Vote~ Ayes : Nays : Absent: Motion carried. Council Members Gama. Bradshaw. Wolosyn, Yurchick. Grazulis, Bums None Council Member Nabbolz Mayor Bums presented a certificate and City pin to Mr . Roch . (xxi) COUNCll.. MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM I (c) (Di). RESOLtmON NO . 26, SERIES OF 2000 A RESOLtmON APPOINTING GREGORY SAUTER TO nfE PLANNING AND ZONING COMMISSION FOR THE CITY OF ENGLEWOOD, COLORADO . Ayes: Council Members Gama. Bnidsbaw, Wolosyn, YW'Cbick. Gmzulis, Buras ) I . 0 - • • -. En&ieWood City Coudl Febnaary 7, 2000 Pace 10 Nays : Ablcnt: Motion carried. .. ,,-·· • .. • • Nooe Council Member Nabholz (xxii) COUNCO. MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM I (c) (uli). RES0Llm0N NO. 27 , SERIES OF 2000 A RES0Llm0N REAPPOINTING DONALD D. SEYMOUR TO TifE BOARD OF ADJUSTh1ENT AND APPEALS FOR TifE CITY OF ENGLEWOOD . COLORADO . Voteraaltl: Ayes : Nays : Absent : Motion carried. Council Members Ganal. Bnidsbaw. Wolosyn. Yurdlick. Grazulis. Bums None Council Member Nabbolz Mayor Burns presented a ccr1ificate and City pin to Mr. Seymour. (xxiii) COUNCO. MEMBER BRADSBA W MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM I (c) (Diii). RESOLlmON NO . 28. SERIES OF 2000 A RESOLlmON REAPPOINTING JOHN W. SM111f ill TO TifE BOARD OF ADJUSTMENT AND APPEALS FOR TifE CITY OF ENGLEWOOD. COLORADO. Voterealta: Ayes : Nays : Absent: Motion carried. Council Members Ganal. Bradshaw. Wolosyn. y un:liict. Glazulis. Bums Nooe Council Member Nabbolz (xxiv) COUNCO. MEMBER WOU>SYN MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA l1DI I (c) (uiY). RESOLlmON NO . 29, SERIES OF 2000 A RESOLlmON REAPPOINTING DAVID WEBER TO TifE PLANNING AND ZONING COMMISSION FOR TifE CITY OF ENGLEWOOD. COLORADO - Ayes : Nays : Absent : Motion carried. Council Members Ganal. Bradlbaw, Wolosyn. Yurduck. Grazulis. Bumi Nooe Council Member Nabholz (xxv) COUNCO. MEMBER GRAZULIS MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM I (c) (nv). I . 0 • • Engle11<ood City Council Febnaary 7, 2000 Page II RESOLUTION NO . 30. SERIES OF 2000 .. ,-. • • - .. A RESOLUTION REAPPOINTING BERVE1iE WILLIAMS TO THE PUBLIC LIBRARY BOARD FOR THE CITY OF ENGLEWOOD. COLORADO . Vote results: Motion carried. Ayes : Nays : Absent: Council Members Garrett. Bradshaw. Wolosyn. Y urchick. Grazulis. Bwns None Council Member Nabholz (xxvi) and (xxvii) COUNCIL MEMBER YURCH.ICK MOVED. AND IT WAS SECONDED, TO APPROVE AGENDA ITEMS 8 (c) (uvi) and (uvii). (x.m) RESOLUTION NO . 3 1. SERIES OF 2000 A RESOLUTION APPOINTING JAMES K. WOODWARD TO THE PARKS AND RECREATIO COMMISSION FOR THE CITY OF ENGLEWOOD . COLORADO . (xxvii) RESOLUTION NO . 32, SERIES OF 2000 A RESOLUTION APPOINTING JAMES K. WOODWARD TO THE URBAN RENEWAL AUTIIORITY FOR THE CITY OF ENGLEWOOD . COLORADO . Vote raulu: Ayes : Nays : Absent : Motion carried. Council Members Garrett. Bradshaw. Wolosyn. Yurchick. Grazulis. Bwns None Council Member Nabholz Mayo r Bums presented a certificate and City pin to Mr. Woodward . • * ••• Mayor Bums staled thal these folks who volunteer for our boards and commissions are invaluable people in the community and they raider a tremendous service . He noted some of them have been on these boards for years and have been reappointed and they render an awful lot of service to the community . He asked for a big round of applause for all of them. (d) Recognition of Englewood 's Metropolitan Mayors and Commissions Youth Awards nominees . Mayor Bums S1alCd wc are pleased to be honoring 16 young people who have been nominated for the 1999 -2000 Metropolitan Mayors and Commissions Youth AWIida. This program rccogni7.cs young people who have oven:omc diffic:ult situlliom in their liwl aad rilen to cblllenges of adversity . The young people wc are honoring this evening baYe been tbroup badlllipl tbll lllOll ofus can't even imagine . Alcohol and drug abule baa1ca, lbuiw 111d clymlDcliollll family Ulllions. debilitating illness and medical conditiolll, the np: ..._ ~ cloae frieadl ml family __.., png affiliations and even flight from a war tom aJUlllly. 'lbcle IIClllliDecl aw tlllaa Clllllnll ~tlleir liWI. turning their adversity to advantage . They made a diflnDce in tlleir OMI lh9 ml ia die liwa ~tbale around than. Their strength I • 0 - • • En&tewood City Coaac:il Febnaary 7, 2000 Pa&ell .. _,,-. • • - ... ' and dclcnninatioo are an inspilllion to us all. We will be bonoring each Meuopolitan Mayors and Commissioos Y OU1h A ward nominee with a certificale expelling our admiration. He noted there are some other ilemS we are giving them lhll we think they will find uaeful. Mayor Bums explained that our Mayor Pro Tem Beverly Bradshaw, who serw:s on the Board oC Mamgcn for the Meuopolitan Mayors and Commissions Youth Awuds, would help him with the awards. Ms. Bradshaw will call out the names . Mayor Bums Slaled that after the official recopitioo we will break for a brief reception and visit with them . We have some cake and other remsbmenls in the back. Mayor Bums DOlal we have done this for SCYeral years and there are just amazing stories behind each one of these nominees. From pat experience, be said, these kids have jUSl overcome absolutely amazing odds and this is just a terrific program and we are very proud to be part of it At this time, Mayor Bums said, be would tum the calling of the names over to Council Member Beverly Bradshaw. (i) Samantha E . Council Council Member Bradshaw Slaled Samantha E. Council is a studenl at Colorado's Finesl Altemat.i,·e High School . Mayor Bums presented Ms. Council wilh a ccnificate, backpack. Gochie Thealer COIICffl tickets. free Parlcs and Recreation pass and a Parts and Recreation T -shin. (ii) Jennifer Dickey Council Member Bradshaw Slaled nominee Jennifer Dickey is a llUdcnl al Colorado's Finesl Alternative High School. Mayor Bums presented a certificate, backpack. Godlic 1bcacr ooacat tic::IICla. free Parb and Recreation pass and a Parts and Rcc:reation T-shirt to Ms. Dic::kcy's modier. • Jcaaif'er Dickey bad to wort tonight (iii) Sarah Doss Council Member Bradshaw Slaled nominee Saaah Doss is a Sbldent • Colorado's Finesl Alternative High School. Mayor Bums presented Ms. Doss wilh a certificale, backpack. Gochie Theater concert tickets, free Parks and Recreation pass and a Parks and Rcc:reation T -thin. (iv) Stephen GonDles Council Member Bradshaw Slaled nominee Stephen Goll7.ales is a SlUdent at Hwnanex Academy . Mayor Bums presented Mr. GonDles with a cenificate, backpack. Gochie Theater concen tickets, free Parts and Rccrealioa ... and a Parks and Recralioo T-thin. (v) Raymond Halbaway Council Member Bradshaw ltllCd nominee Raymond Hathaway is a student al Colorado's Finest Alternative High Scbool. Mayor Bums presented Mr. Halbaway with a certificate, backpack. Gochie Theater concen tickets, free Parts and Recreation ... and a Parts and Recrealion T-shirt. ., • I ) I • 0 - • • • Eackwood City C111111Cil Febnaary 7, 2000 PqelJ .. (vi) Jared King .. ~ ,,-. • • -' Council Member Bradshaw stated nominee Jared King is a student al Humanex Academy. Mayor Bums prescnlCld Mr. King with a cenificale. backpack, Gothic Theater concen tickets. free Parks and Recreation pass and a Parks and Recreation T-shirt. (vii) Rebecca MacQucen Council Member Bradshaw stated nominee is Rebccca MacQucen is a student at Humancx Academy. Mayor Bums praented Ms. MacQucen with a certificate, backpack, Gothic Theater concen tickets. free Parks and Recreation pass and a Parks and Recreation T-shirt. (viii) Kimberly Ramsey Council Member Bradshaw stated nominee Kimberly Ramsey is a student al Colorado's Finest Alternative High School . Mayor Bums presented Ms . Ramsey with a certificate. backpack, Gothic Theater concen tickets, free Parks and Recreation pass and a Parks and Recreation T-shirt. (ix) Tanja Ristic Council Member Bradshaw stated nominee Tanja Rillie is a studmt al Englewood High School . Mayor Bums praeDted Ms. Rillie with a catificalc, backpack, Gothic Theater concen tickets. free Parks and Recreation pass and a Parts and Recrealion T-shirt. (x) Desiree Ruelas Council Member Bradshaw stated nominee Desiree Ruelas is a SlUdenl at Colorado's Finest Alternative High School. Mayor Bums presented Ms. Ruelas with a certificale. backpack, Gothic Theater concen tickets. free Parks and Recreation pass and a Parks and Recreation T-shirt. (xi) Thomas Skaja Council Member Bradshaw stated nominee Thomas Skaja gradualcd from High School last year and he is serving in the Navy . Mayor Bums presented Mr. Skaja's father with a cenificatc, badtpack, Gothic Theater concen tickets. free Parks and Recreation pass and a Parks and Recreation T-shirt. (xii) Andrea Smith Council Member Bl'lldlbaw staled 11011U11C1e Andna Smith is a IIUdmt al Sinclair Middle School. Mayor Bumi pnlCllled ML Smith with a cerlifk:lfe, ~ Gothic Theater concen tickets, free Parks and Rec:ra1ioD i-ad a Parks and RecnllDaa T-tllirt. ' ,, .. I • 0 ]- • • -. I.•clewood Cicy C..U Februry7,2CNNI Pase1' (xiii) Cbriltene SlreCkcr • ,,,-. • .. • - Council Member Bradshaw SlalOd -.inc:c CbriSICIIC Sln:Cker is a SIUdcnt at Colorado 's Finest Alternative High School. Mayor Bums prelmlCd Ms. Screckcr with a certificate, backpack, Gothic T'bealCr conccn tickets. free Parks and Recmdion pass and a Parks and Recmdion T-shirt. (xiv) Robert 1. TOICIIIO Council Member Bradshaw Slated-.inc:c Robert 1. TOICaDO is a SIUdcnt al Colorado 's Finest Alternative High School . Mayor Burns ..-ntcd Mr. Toacano with a c:atificalc. backpack, Gothic Thcarer cooccn tickets. free Parks and Recmdion pass and a Parks and Recralion T-sbirt. (xv) z.oe Williams Council Member Bradshaw Slated -.inc:c .lot Williams is a SIUdenl at Sinclair Middle School. Mayor Burns presented Ms . Williams with a c:atificalc. backpack, Gothic Tbealer conccn tickets, free Parks and Recmdion pass and a Parts and Recralioa T-sbirt. (xvi) Tobin Woodlee Council Member Bradshaw SlalOd -.inc:c Tobin Woodlee is a student at Colondo 's Finest Alternative High School . Mayor Burns ..-ntcd Mr . Woodlee with a certificate, backpack, Gothic Tbealcr cooccn tickets. free Pub and Rccn:alioo pass and a Parts and Recrcalion T-shirt. ••••• Mayor Bums offered special tbanks to the Gothic Tbcall:r for their suppon of this important program . lbams also. be said, to the Englewood Parks and Rccrealion Depanment and thanks to everyone for joining III this ewning to honor tbele very special young people. Mayor Bums asked that they give them all a big round of applas. He asked that everyone join us for the rca:ption. (e) Brief Reception Council RCCSScd at 8 :09 p.m . for a brief rca:ption honoring the Mcuopolitan Mayors and Commissions Youth Awards nominees. The meeting reconwoed al 8:34 p.m. with six Council members pnlClll and one abient. Council Member Nabbolz. (a) Doug Cohn. 30.51 South Marion Street, advilcd that be is a new business in town and he was at a luncbcon a couple of weeks ago and be didn 't know where this nifty plaque came from. that he clidn 't even know there wu a contat, but be thanked Council for welcoming him to Englewood . • .,_ ) I· 0 • • • En&kwood City Council February 7, 2000 Page 15 . . .. ,. ,,,. . • e -' Mr. Cohn said be has a situalion. Se\-eral of the merchalu on Broadway arc ttally interested in having a sidewalk sale . He explained lhal what they arc talking about doing is having a small number. three or four . separate, disacct sidewalk sales during the year, this would not be a continuous sidewalk sale going OD forever . He noted they would have to coordinale dales. It would just be a one day thing like a Saturday . Mr. Cohn said what they would like the City to do is put up one of those nifty banners. or maybe a couple of nifty banners, to catch the drive-through all week long or a couple of weeks long before we have the sidewalk sale and have as many mcrchallls as may want to participate. Mr. Cohn said he can picture in his mind all of the South Broadway businesses having a big Grcater Englewood sidewalk sale on a Saturday and getting lots of folks driving through to stop and shop here . He opined it would be a great spike in sales tax and a great spike in sales for the stores. We have this problem. be said. it is against the law .. He just discovcn,d it is against the law . Mayor Burns advised that wc went through this several months ago. ii was the same issue ... sidewalk sales . He said wcrcn 't we going to look at that ordinance? City Manager Sears advised we arc in the process of doing that. that it is an upcoming topic . City Attorney Brotzman said ii will be discussed at an upcoming study session. Mr. Cohn asked if be could invite himself or maybe a few of them to a study session. where the y could take ten minutes and make a conaetc presentation and say we want to do it OD the first Saturday in March and the second Saturday in July or whatever it would happen to be and kind of lay out what they have in mind to do . Apparently, be said. right now the City ordinances do not allow a sidewalk sale of any son . Mayor Burns said thal is right He advised Mr. Cohn that COWICil had someone come before them a few months ago with the same issue. Council agreed to look into it through staff with the idea of trying to formulaic someway you could have a sidewalk sale. Council Member Grazulis advised it is on the March 20• Study Session Agenda. Mayor Burns said they will review ii at the March 20• Study Session. so it is in the works . City Manager Scars noted that wc have a proposed policy to allow sidewalk sales. We have basically had to rcsearcb thal in terms of why they were not allowed. and there were some complications from a liability viewpoint that we bid to take a look at. He: knows that the staff is recommending a proposed sidewalk sale policy to allow that type of thing to happen. Mr. Sears commcnled that it was scheduled for March 20"' because we have so many other issues wc arc dealing with right now . that we didn 't have time 10 move ii ahead. He said they could take a look at trying to move it to an earlier meeting . Ciry Attorney Brotzman advised that one of the reasons it is set for March 20"' is that staff worked on the policy from previous conversations and previous Council input and one of the things they wanted lo be sure of is that Neighborhood and Business Development had a chance to go out in the business community and talk to the business owners like Mr. Cohn to give them an opponunity to have input into the poli cy as well . Mr. Cohn advised that be bas a list of merchants. which they signed in about twcnry minutes one afternoon . wbo think this is a splendid idea. He submitted the list to the City Clcrt. City Manager Scars 5llled that, from that list, staff can go ahead and send a notice and make the proposed policy available . Mr. Cohn said that would be wondetful . Mayor Bums advilCll Mr. Cohn that Council apprcciales his inlcresL Mr. Cohn said they would be open to coming to a study session and talking to Council . • .. ) I • 0 • • • Englewood City CINlncil Fcbnaary 7, 2000 Page 16 ·• ..-. • • - Mayor Bums said be nociced that Leigh Ann Hoffhines just went out the door. that she was cleaning-up. He stated that Ms . Hoffhines did an awful lot a( wort on the Metropolitan Mayors and Commissions Youth A wards as she does every year and she should be given some special recognition for thal If she comes back in, be said. be would like to recognize her. When Ms . Hoffhines came back in the room she was greeted with applaise . Mayor Burns stated that they just wanted to thank her for all the wort she bu clone on the Metropolitan Mayors and Commissions Youth Awards. (b) Skip Miller staled they havc bad some continued discussions with the Englewood Enviroommtal Foundalion reprding lbcir contract with the City. Recommendations have been made. there have been propoals llld aJUDICr prupoals and we submitted a response to your last counter to our proposal ... I guess, be said. it is a c:ounter to the OOUDlcr. Mr. Miller explained that they are wishing to understand the direct.ion it is going in now . Mayor Bums noted there is a resolution in front of Council tonight and that Council's position is to stand fast on the $350.000.00. He advilell that they don't have a problem with the second paragraph. regarding the square foocage oftcllalKy. and they don't really have a problem with the other pans of his letter. He stated they appreciale his Oexibility on PhaBc 2. but the resolution tonight will be to continue with their request. Council Member Bratllbaw sured that the resolution as amended stands. Mayor Bums said he thought we had another resolution tonigbl Ms. Bradshaw explained it was just included in the packet. City Attorney Brotzman advilell tbal be bu the one that was passed last week . In other words. Mayor Bwns said, it is the -. of Council tllal the resolution that passed last week will stand. Then. Mr. Miller aid. be is a lifllc bit COllfused because be thought Mayor Bums said there were a couple of things in lbcir lcacr tbll they do not have a problem with which were inconsistent with the one that was there before . City Attorney Brotzman stated tbll Englewood Environmental Foundation will make the final dctcnninllion . Mayor Bums asked if the resolution they passed needed to be changed at all with regard to the letter. Council Member Garrett said DO, that in essence they stood by the resolution ... that was what they discussed. So the only topic they were discussing was pans of the letter. but they still want to keep the resolution as adopced. Mayor Bums asked bow that gets communicacd to the developer, Englewood EnviroMIClltal FoundatioIL City Attorney Brotzman advised that they just did. So, Mayor Bums said, they are leaving it up to Englewood Environmental Foundation to make those changes such as they might seek to do, but the resolution of the Council will stand as it is. He told Mr . Miller that they don't mean to confuse him. Mr. Miller commented that we all are. but that is fine . Mr. Miller asked if they are empowered to make any modifications inconsistent. potentially, with Council's proposal if they so desire. City Attorney Brotzman said DO. He explained that what Council is saying is that Englewood Environmental Foundation needs to remain consistent with the resolutioIL That means the $350,000.00 stays the way it is and PhaBc 2 stays the way it is. There is one proposal. be said, that Miller Weinganen made, regarding changing the square foocage necessary, from 150 to 7S . Mr. Brotzman advised that that was DOI diSCUSlcd, that is DOI inconsistent and Englewood Environmelllal Foundation can modify that provision. That one is not inconsistm., so they can change that one. Mr. Miller said okay . • • I • 0 ,-------------------------------·-.---- - • • • Enpewood City Council Feb111ary 7, 2000 Pace 17 -· • • -' (c) Donm Rowland Sandlin advised that she was going to be !be voice of her 93 year old mother, Dorothy Rowland. who lives al 3346 Soulh Marion. She thanked Council for letting her be her mother's voice . Ms. Sandlin read !be following SlalemeDI fiom her mother. "To !be Englewood City Council. A5 I have spent 66 yan of my 93 years in Englewood, a homeowner. a business owner and operator in early years, my husband. now deceased. was a public savant of this City , I would like to express an opinioo oo a proposal I heard was to be brought up al your meeting. The subject of an apartment complex on !be IOI at Broadway and Englewood Parkway does not seem right to me . There are plenty of apar1IIICIIIS in Englewood. without one in our main shopping area Please let us work on our busiDc:sscs. I believe this Qty needs a nice family type sit-down reslaW'aDI. where people can drop-in, have a leisurely meal or a cup of coffee. This corner would be a perfect location for such a business. But. please, not a fut food outlet." 9. r.blic Barias No public bearing was scheduled before Council. IO . c-tAsada (a) Approval of Ordinances on First Reading COUNCO.. MEMBER GARUTI' MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEMS 10 (a) (I) ud (II), 10 (b) (I), (II), (Ill) ud (Iv), AND 10 (c) (I) ud (ii). (i) COUNCIL BILL NO . S, INTRODUCED BY COUNCll. MEMBER GARRETI A BILL FOR AN ORDINANCE Al1I'HORJZING 1lfE DEi.EGA TION TO 1lfE CITY AND COUNTY OF DENVER. COLORADO OF 11IE Al1I'HORITY OF 11IE CITY OF ENGLEWOOD , COLORADO Wl1ll RESPECT TO 1lfE ISSUANCE OF SINGLE FAMILY HOME MORTGAGE REVENUE BONDS (11IE "BONDS") TO FINANCE RESIDENTIAL HOUSING FACll.ITIES FOR LOW AND MIDDLE INCOME PERSONS AND FAMILIES WTllflN 1HE CITY OF ENGLEWOOD. COLORADO AND CERTAIN oraER CITIES AND COUNTIES IN 1lfE STATE OF COLORADO ; APPROVING SUCH BONDS AND A SINGLE FAMILY MORTGAGE LOAN PROGRAM ; AND AlITHORIZING 11iE EXECUTION AND DELIVERY OF A DELEGATION AGREEMENT AND 01lIBR DOCUMENTS IN CONNECTION THEREWllli. (ii) COUNCll. BILL NO . 6, INTRODUCED BY COUNCll. MEMBER GARRETI A BILL FOR AN ORDINANCE AlITHORJZING AN INTERGOVERNMENTAL AGREEMENT BETWEEN 11IE COLORADO DEPARTMENT OF TRANSPORTATION ccoon AND 1lfE CITY OF ENGLEWOOD PERTAINING TO A GRANT ESTABLISHING A TRAFFIC ENFORCEMENT PROJECT. (b) Approval of Ordinances OD Second Reading (i) ORDINANCE NO . I, SERIES OF 2000 (COUNCll. Bll.L NO . I, INTRODUCED BY COUNCIL MEMBER GARRETT) AN ORDINANCE AMENDING TITLE 12, CHAPTER ID, SECTION 4, CHAPTER 2, SECTION 3H, CHAPTER 5, SECTION 6A, AND CHAPTER 8, SECTION 10, OF 11IE ENGLEWOOD MUNICIPAL CODE 1985, PERTAINING TO STA'IE MANDA'IED LIMITS FOR LATE CHARGES FOR WATER, SEWER, S10RM AND CONCRETE CHARGES . • ) I • 0 • • -. En&tewood City Cou11dl febniary 7, 2000 Pqetl 1 • ~ .. " --. • • -.. (ii) ORDINANCE NO. 2, SERIES OF 2000 (COUNCll.. Bll..L NO . 2, INTRODUCED BY COUNCll.. MEMBER GARREIT) AN ORDINANCE AU'IHORIZING THE ACCEPTANCE OF A GRANT OF PROPERTY FROM RACO FAMll.. Y PARTNERSHIP. (iii) ORDINANCE NO. 3, SERIES OF 2000 (COUNCll.. Bll..L NO . 3, INTRODUCED BY COUNCll.. MEMBER BRADSHAW) AN ORDINANCE AMENDING 1TI1.E 5, CHAFraR 38, SECnON 3, OF THE ENGLEWOOD MUNICIPAL CODE 1985, WIDOf PERTAINS TO LIQUOR OCCUPATIONAL FEES . (iv) ORDINANCE NO. 4, SERIES OF 2000 (COUNCll.. BILL NO . -4 . INTRODUCED BY COUNCll.. MEMBER BRADSHAW) AN ORDINANCE AMENDING 1TI1.E 5 , CHAFraR 38, SECTION 10. OF THE ENGLEWOOD MUNICIPAL CODE 1985, WTllf THE ADDmON OF A NEW SECTION JO, PERTAINING TO OPTIONAL PREMISES LIQUOR LICENSE AND OPTIONAL PREMISES WTllf HOTEL AND RESTAURANT LIQUOR LICENSE IN THE CITY OF ENGLEWOOD , COLORADO AND RENUMBERING THE CURRENT SECTION JO TO SECTION 11. (c) Resolutions and Motiom (i) CON'raACT WTllf AMERICAN MECHANICAL SERVICE IN THE AMOUNT OF $385,260 .00 TO UPGRADE THE SAFETY SERVICES BUilDING HV AC SYSTEM . (ii) PURCHASE OF A% TON PICK-UP TRUCK FROM KING OLDSMOBILE GMC SUBARU, INC . IN THE AMOUNT OF $24,666.00 Ayes: Nays: Absent: Motion carried. II . ReplarApda Council Members GamU, Bradshaw, Wolosyn, Yun:bick, Grazulis, 8111115 Nooe Council Member Nabbolz (a) ApproYal of Ordinances on Finl Reading Tbcrc wen: no additional items submitted ror approval on first reading. (Sec Agenda Item IO • Consent Agenda.) (b) Approval or Ordinances on Second Reading Tbcrc wen: no additional items submitted ror approval on second reading. (Sec Agenda Item JO· Consent Agenda.) (c) Resolutions and Motiom (i) Dim:lor Gryglcwicz prcsenlOd a ra:ommendalion from the Dcpanmcnt of Financial Services to adopt a resolution establishing • line of ctmit for the COIIIUIIIIDCC of the Housing Rcbabilitalion Fund. He adviled tbll Ibis resolution, if appnMd by Council , would establish a line of ' ' •, I . 0 • • • Enllewood City Couacil Febnaary 7, 2000 Page 19 ... ,. • • - credit with Vcctta Bank and the agreement is aaachc:d . 1be City has used. for this program. a line of credit of about $3 million over the history of this program. This just oonlinues that Mr. Gryglewicz noted it is a year long, it will go to December 31, 2000 and then we will negotiate a new one. Council Member Btadsbaw opined thal this is really a wonhwbile program. Now that the rehab loan program is with the City, she said. she really would encourage us to look at different banks. Because. she thinks that keeping that up for bid helps us gc1 a better use of our dollar. Council Member Bradshaw swed that the other thing thal concerned her about this whole thing is the design guidelines on the rehab lolll program . She DOied we can rehab houses, but if there are no design guidelines then she thinks we have a pn,blem. because thal docsn 't help our a,mmunity or upgrade our housing stock . Mayor Bums said be thought we had design guidelines years ago for this program. but maybe we had them and dropped them Housing Finance Specialist Grimmctt said tint she --.I to addras the question that Mayor Pro Tern Bradshaw brought up . She advised we are worting with Veen Bank and they are acting as the lead bank for a oonsortium of banks in the a,mmunity . All of the banks that have branches within the Englewood City limits will be a,nlaCICd to panicipaac. Whal Ibey actually do lbcn is ,ell those participuions off so that all the banks. in essence. are providing. Veen just malia the initial lead line of credit we deal with one bank and then all of the banks will parlicipaie . Vecua is just taking 0\-er as the lead. as in the past it was done through First lnterslale Bank. before Wdls Fargo took them O\'Cr . So the)• have worked quite well. Ms . Grimmett said 1h11 as far as design guidelines. the pn,pmi prinmily focuses on health and safety items, that is the first priority . Wcalbcrimioa. bwfic:at,pld nao fining and then general property improvements. A. far• design. she lllked Ml. Bnidlllaw if she -looking more for additions. Council Member Bradshaw said more for addilioas. She --.I she reali1.es the priority of the program. but she was ooncemed that she didn 't aee any menlion of design guidelines in Ibis . Ms. Grimmett staled that the agreement we are lldlhllillg IOlligbl is just with the bank for the line of credit. lnlemally, as far as the design progrmi. we are woning with ... and have over the past. son of intemally, informally ... using some guiddincl thal werc aclllally Cllablisbcd very looldy back in the mid 80's that kind of looked al additions lying inlo the ncigbborboocL Coullcil Member Bradshaw said roof lines. the roof structure and DOl shed additions and thole kinds of things. Ms . Grinunett advised that those are kind of more inlemally bandied al our lewl when we lake m applicalion and we will review it that way . In fact. she said, we have one rigbl now thal is under review 11111 we are hoping we can get the homeowner to modify the roof line a little bit to be a bit more aa:ieptable . Council Member Bradshaw said she thinks the program needs to be contingent upon that She opined that the biggest eyesore we have in Englewood is on the 4700 block on South Huron and she docsn 't want 10 see us perpetuate that type of building in a residential area. Ms. Grimmctt advised that those guidelines can easily be bandied al the staff level . Council Member Bradshaw said that she encourages staff to really enforce those and she knows they do . She thanked Ms. Grimmett for all the work she docs . Mayor Burns a,IDIDCllled that the Comincntal National Banlt was the old, first lead bank in this program and they were very valuable, because Ibey literally pulled the other banks with them in order to maintain the program OD a year IO year basis. IO it is very imponant • ) I • 0 - • • -. Eapewood City C-il Jl'ebnaary 7, 2000 ,.20 ,. -· • • • Ms . Grimmett noem that the goal would be to have every bank Iha! is within the City actually participating in the line of credil Council Member Bradshaw said sbe knows wc have new banks in the City ... Mega Bank. Liberty Bank ... and sbe just wanted to make sure that C\'Cl)'body -included in thal. Ms . Grimmett said we do. we make that ofl'er and Ihm they have the oplion of panicipaling or not. The resolution was assigned a number and read by title : RESOLUTION NO . 33, SERIES OF 2000 A RESOLUTION AU1HORIZING AN AGREEMENT ESTABLISHING A LINE OF CREDIT FOR THE CONTINUANCE OF THE HOUSING REHABILITATION FUND . COUNCll. MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (c) (I) -RESOLUTION NO. lJ, SERIES OJI' 2000. Ayes : Council Members Gama, Bradshaw, Wolosyn. Yurchick, Grazulis, Bums Nays : None Absent: Council Member Nabbolz Motion carried. (ii) Director Gryglewicz prCSCIIICd a recommendllion from the Departmait of Financial Servicies to adopt a resolution approving cbanga to the City of Englewood's lnvcstmea1 Policy . He advised 11111 the cbangcs to the City's imatment policy were dilCIIIICd at lmgtb on January 17. 2000 and Council bas a clean copy in their l*kd. He said be would be glad to answer any questions Council might have. The resolution was assigned a number and read by title : RESOLUTION NO. 34, SERIES OF 2000 A RESOLUTION APPROVING CHANGES TO THE CITY OF ENGLEWOOD INVESTMENT POLICY . COUNCIL MEMBER GRAZULJS MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA rn:M 11 (c) (II) -RESOLUTION NO. 34, SERIES OF JINIO. Motion carried. Ayes : Council Members Gama, Bradshaw, Wolosyn, Yurchick, Gtazulis, Bums Nays : None Absent: Council Member Nabbolz (iii) Director Gryglewicz praenled a ra:ommendalion from the Departmait of Financial Services to adopt a resolution approving a supplcmcntal appropriation for Conservation Trust and Golf Course Funds. He adviled that this is a ~ approprialion to the 2000 Budget. He advised tbal the sourc:c offimds. for the first one. in the General Fund, is $15,000 .00 from Unn:serwd/Undesignalal Fund Balance, the remaining SI0,000.00 is from the SCFD Grant for the Sounds of Summer Concert Saia. Tbe next one is the Couavation Tnlll ll $74,650.00. Mr. Gryglewicz explained that these are projects 11111 were originally budgcled in 1999, and that approprialioa did not cany forward. they were not a,mpleted, wc are just reapproprialing tholC and they an: !isled out in the resolution. Tbe last one is a new project. ll the Golf Counc, $30,000.00 out of retained earnings. the • ) I . 0 -------~--------------------------···~---------------- • • ,. 0 - Enclewood City C1N1ncil February 7, 2000 Page 21 remaining $10,000.00 is from the USGA Junior Golf Grant and that is for computers and scanners and the Junior Golf Program. he said . The resolution was assigned a nwnber and read by title : RESOLUTION NO. 35, SERIES OF 2000 A RESOLUTION APPROPRIATING FUNDS FROM THE 2000 BUDGET FOR GENERAL FUND . CONSERVATION TRUST FUND AND GOLF COURSE FUND PROJECTS . COUNCil. MEMBER GRAZULIS MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (c) (iii) -RESOLUTION NO. 35, SERIES or 2000. Ayes : Council Members Garrett. Bradshaw. Wolosyn. Y urchick. Grazulis. Bums Nays : None Absent: Council Member Nabholz Motion carried. 12 . Gftenl Ditcuaioll (a) Mayor's Choice (i) Mayor Bums noted they bad received a letter from Wal-Man and a press release on the Wal-Mart project. which is moving along very smanly. (ii) Mayor Bums said he DOliccd we had an anicle in the paper on Sunday about the RTD bus driver challenge for feeder bus service for the southwest a,rridor light rail. He said he preswnes they are going to be working oo thal as it seems they are having a problem getting enough drivers . (iii) Mayor Bums advised that today he went by the new AVS project at 3740 South Inca Stteet and they have really done a nice job on anocber house . He said he remembers them selecting that block right across from the main post office. they have taken out an unsightly home and they have done quite a job on it (iv) Mayor Bums. commenting on the census. said he wasn 't quite sure what municipalities do in that regard. but he undmlands some of them are very active in that . City Manager Sears advised thal he attended a meeting with DRCOG and as the Mayor indicated there arc many cities that are very active out there in terms of doing the census . There is going to be a lot of splash in the news media about census advising that you will be getting your census documents in April . Generally, he said. about 6,./.ofthe a,mmunities participate. He explained that they are very concerned about getting people in the field. to knock on doors. Mr. Sears noted that it could be especially imponant for us because of the awnbcr of renters thal we have . He mentioned it will become a topic at the Neighborhood Watch Meeting in March and we will have a speaker there. In tenns of benefits. he said. there are dollars that a>uld be lost to COllllllllllilies, both for GOCO types of money and other types of grants which we could benefit from . He opined that there an: many benefits to the community and Council will be bearing a lot about that. (b) Council Member's Choice (i) Council Member Bradshaw: ) I • --- • • ~-:• C Eapewood City Council Febnaary 7, 2000 Pqe22 ~ ,,-- • • - ·• ,. ' I. She advised they had their aruual meeting of the Housing Authority last week . In order to keep Council apprised of what is going on she wanted to address a oouplc of the highlights. She stated they are cum:ntly trying to purcbasc an apartment house to bring in revenue. because the funding from HUD has changed so much . Ms. Bradshaw stated they put a bid in on an apartment house . Council Member Bradshaw noted thal the residents of Simon Center are being shuffled about to a Residence Inn because they are replacing the plumbing that runs through the main hallways. It has always been a problem. a honible problem and they found asbestos. It was just one thing on top of another. she said, but it is moving very, very well . Ms. Bradshaw noCcd the Family Self Sufficiency Program operates in conjunction with Arapahoe County Social Services. EHA applied for. and was awarded, funds to pay for a case worker to help us with that program . She explained that the services provided are rcfenals to appropriate help agents and skills assessments for the people, individual self sufficiency plan developmenL personal counseling, information and guidance on self esteem. time managcmenL budget and goal setting. At the end of the third quarter there were twenty-five active panicipantS in the program . She stated that nineteen panicipants are workin g full time, seventeen of those have been continuously employed for over a year and the average wage is $9 .12 per hour. Ms. Bradshaw advised that fOIU of the people are in training programs and two are in active job search at this point Two participantS have been referred to the first time homebuyer's workshop . she said, and one participant bought a home in Brighton. She notcd that two panicipants graduated from the program and are no longer receiving any subsidy, Section 8 or Social Services assistance. Council Member Bradshaw advised that sbc encouraged the Housing Authority ... and she sort of spoke for the Council ... to really look at trying to increase the availability of places in that program for our citizens of Englewood. Mayor Bums opined that that is a great program. 2. She stated she would like to thank Dave Lynn and Code Enforcement for re<nforcing the fact that we don 't likc upholSlcrcd fumilllrc on pon:bcs. Even though Sofa Mart isn 't doing us any favors with their advertising, she said, as they have upholSICRd couches sitting out for fishing and all kinds of stuff. 3. She said sbc wanled to thank the Coun and Tamara Wolfe. in particular, for her response to the work program she sent her way . 4. She asked if anyone knew why the Rocky Mountain News would want to talk to one of Council. She advised that she received a c:all as she was leaving today , but she told them she didn 't have time because she had to get to a meeting, so they arc calling tomorrow . So, she said, she just thought if Council knew anything about it they could let her know . Mayor Burns said be didn 't know. Council Member Grazulis commented that they will all probably find out tomorrow . (ii) Council Member Grazulis advised she would be submitting a Cowicil request. as in the last two weeks she has had two residents report South Logan, not South Clarkson. but South Logan. reporting excessive speed and wanting to. petbaps, pw another stop sign in because it has become a thoroughfare . They have complained that it is like rush hour and the kids don 't go out and play anymore in their front yards. She noted that because that borders Cherry Hills we need to do some type of report . She said be wanted speed bumps and sbc told him no, that she didn't think we can do that But he did want to look at more stop signs . (iii) Council Member Yurchick thanked David Taylor for giving him the 990 's he requested and he would like a little follow-up on the Museum of Outdoor Arts. He said they have had thirty days, that is the law and we have yet to see them . City Manager Sears asked if it is the financial : if .. ) I • 0 • Eactewood City Council Febnial')' 7, 2000 Pa~2J •,. ,. ,,.. . • • - ·• ~ rcpons. Council Member Bradshaw said yes and noted be was thorough . Mr. Yurchick explained thal it is the equivalent of asking for an annual report from a public corporation . . . . . . Mayor Bums noted there was an aniclc in the paper Sunday about a company thal wanted fiber optic wires in every City in the front range and said they had already talked to all of the municipalities. He asked if they have talked to Englewood. City Manager Scars advised that wc have had a number of companies talk to us about that. but he would have to talk to Leigh Ann Hoffhines and get back to Council. ••••• Mayor Bums said he would like to mention that the Metro Mayors Annual Rctrcal is Saturday. He thought everyone had received the agenda and noted that if anyone was interested in attending they can stiU doso. 13 . City Muai,rr'1 Report (a) City Manager Scars advised Council that it is that time of year again. that they are looking at the parade already. He received a call from Colleen Bwte who was interested in gening together and Ibey will be setting up a meeting in the next twenty to thirty days to swt the process . He said he just wanted to make sure Council was aware of Iha. becaule then has always been a representative from Council on the parade committee. Mr. Scars advised that as soon as the commince is set up we need to have Council make a decision as to who will be the rcpresenlalive on the commince . Council Member Grazulis advised that she did it last year with Alex Habenicht She asked if an ybody would want to do it with her. City Manager Scars asked if Ms . Grazulis is the official representative . Ms . Grazulis said she just said she did it last year and it was quite rewarding. City Manager Sears staled that as soon as the meeting is set up he will send that information to the CoW1cil. (b) City Manager Scars advised be was at a meeting today and he just wanted lo give CoW1cil a beads up that we are in the process of looking to expand the sewer plant in a siz.able capacity over the next couple of years. He said he docsn 't have a figure , but it will probably be in the range of $40 million plus to do that expansion. We will have a joint meeting with Linleton to talk about where we are and the future of where we go. He said be just wanted lo let Council know that there will be a memo coming from Stu Fonda in that regard, because of the growth in the area. (c) City Manager Scars Slalcd we gave appointed an Information Technology manager . Frank Gryglcwicz and Slaff have been working for almost a year on this to hire the best person for the job. He advised they had a number of interviews. and be is excited about the new IT manager coming on board. Mr. Scars agreed to provide a lctlcr to Council about the new IT manager. He noted this is a real ke y position as wc go forward with the City . City Manager Sears asked Director Gryglcwicz when the new IT manager will start Mr. Gryglewicz advised be would like to have bim here !OlmnOW, but be is living in Sacramento right now and he is cum:ndy employed so be l-9cd to give a minimum two weeks notice, then he must move out here. So . he said. we are looking at probably the firs of next mondt He is a key employee, Mr. Gryglewicz said, so Ibey will keep Council informed. • ) I • 0 - • • Englewood City Council Febn1ary 7, 2000 Page24 .r . • • - ·• City Manager Scars staled that pulling that whole system together. especially as part of our move. is critical to the future of our City. (d) City Manager Scars advised we have an internal move committee that is really focusing in on the new building and all the details inwlved in the move . We will be presenting tbal to Council next ~eek. be said. and it is very complex. Mr. Scars said he especially wanted to thank Rick Kahm and Ken Ross for their wort on the project The Civic Center part of the project is going very well and he thought Council will be very pleased with the end result and we are really trying to take a look at every piece of furniture and the best use of that furniture. Staff collectively bas worked very hard on that and he is looking forward ID lhal repon. He noted that Mike Flaherty is heading up that effon. (e) City Manager Scars advised that Council nccdc::d to discuss Aid to Other Agencies. 14 . City Attonaey'1 Report (a) City Attorney Brotzman requested a motion for authority to negotiate and, if necessary, to condemn property for roadwork related to connecting Broadway to the CityCenter site based upon the roundabout design presented at Study Session. COUNCIL MEMBER GARRETT MOVED, AND IT WAS SECONDED, TO AUTHORIZE THE CITY ATTORNEY TO NEGOTIATE AND, Ill' NECESSARY, TO CONDEMN PROPERTY FOR ROADWORK REI.A TED TO CONNECl'ING BROADWAY TO THE CITYCENTER SITE BASED UPON THE ROUNDABOUT DESIGN PRESENTED AT STUDY SESSION. Ayes : Council Members Garren. Bradshaw. Wolosyn. Y urdlick. Grazulis. Bmns Nays : None Absent: Council Member Nabholz Motion carried. . .... Council detcnnincd that they wanted ID discuss Aid to Other Agencies at this time. Mayor Bums notcd that the 1999 figures they received were the requested amounts, not the authoriz.ed amounts from last year, 50 that has been changed dramatically. He commented that they usually allocate $2 ,000 to contingencies and other amounts during the year. Our total is $25,000.00, he said. 50 we are looking at $23,000.00 from this list. Council Member Garrett said if Council allocates as they did last year, except for Coun House Inc., which made no request this year, they are at $19,.500.00 . Council Member Bradshaw stated that Special Olympics is 50 imponant and that is the one that she would really push for. She advised that many children living in our community participate in Special Olympics and have in the past. She opined it is a very wonhwhile program and S.500.00 is not a huge amount to ask. Council concurred. Council Member Garrett asked if they should recommend the appropriation of $20,000.00 and hold S.5.000.00 in reserve for needs they see in the coming year. Council Member Bradshaw said they need to itemu.c. Mr. Garrett agreed that they will, but he wanted to see what Council wanted to do before they go too far. Council Member Grazulis stated she bas an issue about one other group on there, the request of S.5,000.00 from Gateway. She said she bas always loved the cause. but if you look at all their figures. they get 50 • I • 0 ] • • Enctewood City Council Febnaary 7, 2000 Pa,:e25 J,,,l•' ,. __. . • • - .. ... ' much IIIODCY tbal we are paying for their promotional ads and things. She said she would like to sec that SS ,000.00 go, perhaps. to something like Special Olympics. Ms . Grazulis said she docsn 't want to cut anybody. but they get so mucb from so many people tbal they were turning down requests this last year from many churches tbal tried to help them. So, she said. she was hoping maybe they could pick another type of agency . Even though they have not come forward and rcqucsaed iL she said. maybe another battered women 's sbcltcr. Council Member Bradshaw advised that they an: the only one. Ms. Grazulis commented tbal there mll5l be something else. Ms. Bradshaw said no, there isn 't Ms. Grazulis said there should be. Mayor Bums advised they bad a mccting with the folks about Arapahoe House and they an: really in a bind to have proper detox facilities. He said the $10,000.00 they rcqucsaed is a lot of money, but be would not be adverse to giving them a $1 ,000.00. Council Member Bradshaw stated she would not give them anything until they agreed to 24 hours 7 days a week. But, Mayor Bums said. they don't get there unless they get their funding. al least from somewhere . They were advised at their meeting tbal they don't get any stare money and be didn 't think they could increase their service until they get more funding. Thal. be said. is his recommendation. Council Member Wolosyn said she would give them a $1,000.00. She said they arc in her neighborhood . Council Member Bradshaw opined that Council needed to vote on that Mayor Bums asked for Council's thoughts on this. Council Member Grazulis agreed to give them $1,000.00. Council Member Bradshaw said no, tbal she doesn't want to give them anything. Council Member Garrett said $1 ,000 .00 Council Member Yurchick said be doesn't care either way on that one, but that is fine . Council Member Garrett asked if they were doing the same $1,000.00 with Gateway, that we bad one opposed. Council Member Bradshaw Slated she thought we have to support them. Mayor Bums asked if we are at $22,000.00 if Council approves those two. Council Member Bradshaw said yes and that is with the SS00.00 for MMCY A. $500.00 for Special Olympics, S 1,000.00 for Gatcway. $1 ,000.00 for Arapahoe House, $15 ,000.00 for Inter-Faith and $4,000.00 for Meals on Wbccls. Council Member Garrett asked if they wanted to up Meals on Wbccls. Council Member Bradshaw opined tbal Meals oo Wbccls is really important to many of our citizens . Council Member Grazulis agreed. Council Member Bradshaw said she would rather see them put another $1,000.00 with that Mayor Bums said tbcD that would get us to $23,000.00. Council Member Bradshaw and Council Member Garrett staled that it gets us to $22,000.00. Council Member Garrett said then they would keep $3 ,000 .00 in n:scrvc. Mayor Bums asked if Council bad reached OOIIICIIIIII. Council indicaled they bad. COUNCll. MJ:MBl:R GAIUll:1T MOVED. AND IT WAS SECONDED, TO ALLOCATE AID TO OTHER AGENCIES IN TIii: JOU.OWING MANNER: MMCY A SS00.00, ARAPAHOE HOUSE $1,000.00, ENGLEWOOD soUTBSmERS SPECIAL OLYMPICS PROGRAM $500.00, .. ) I • 0 • • • Eqlewood City C-11 Feltrury 7, 2000 Pqe26 J ~-. -----.. -· • .. • • GATEWAY IIATJ'EUD WOMEN'S SIULUR s1,ooe.oo, 1NTEa-rAITB TASK FORCE S15,CNIO.OO AND MEAU ON WIID1S 54,111.0I. Ayes : C.ouncil Members Gama, Biadlbaw, Wolosyn. Yurcbict, Grazulis, Bums Nays : Noae Ameal: C.ouncil Member Nabbolz Motion c:arried. 15 . MJN ...... • .. ) I· 0 X J- • • -. .. ~ ,,--• • 1'·.;i.1 ... ... • -' PUBLIC COMMENT ROSTER AGENDA ITEM 7 NON-SCHEDULED VISITORS February 22, 2000 .. NON-SCHEDULED VISITORS MAY SPEAK FOR A MAXIMUM OF FIVE MINUTES. EACH PERSON WISHING TO SPEAK SHOULD SIGN THIS PUBLIC COMMENT ROSTER, STATING NAME , ADDRESS, AND TOPIC OF COMMENT. PLEASE PRINT NAME ADDRESS TOPIC CCSIGN1 ' ., ..: ~ ' • J I . 0 • • ------------------------~-., .. --------------------~~---------. • ,. 0 - P R O C L A '.\I A T I O ~ WHEREAS , the Census is vital to our co mmunity 111 that 1t determines the apportionment of seats in the U nited States Ho use of Re prese ntatives and the Co lora do State Legis lature, and is the basis for t h e a ll ocation of billions of dollars of Fe de r a l. State and co unty funds for transportation . soc ial a nd oth e r programs : and WHEREAS . the Ce n s us is a lso u sed to he lp determine whe r e to locate sch oo ls. day ca r e ce nte r s. se ni or citizen ce nte rs . hospitals a nd other fac1ht1e s a nd 1s used to m a ke de c1s1 on s co nce rning business growth a nd job s: a nd WHEREAS, Ce n s u s information is co nfidential a nd Fed e r al la w proh1b1ts a ny publi c 01· private agency from gaining access to co nfidential Ce ns u s data : a nd WHEREAS . in Englewood. Arapahoe Co unty . Co lorado we a r e co mm m ed t o a full a nd accurate Ce ns u s co unt a nd are placing s pec ia l emp h as1 on e num e r at111g me mbers of populat10n groups tradit1onaUy unde r co unted: a nd WHEREA . m Engl e woo d . Co lorado we a re committed to partne r111 g together with t he L' n1te d St::1tes Ce nsus Bureau 111 pre paring for Ce n s u s :2000 throu gh a ddress h s t upda t es , ce n u s map co rrections a nd junsdict1onal boundary updates : a nd WHEREAS. in Englewood s h a ll form a "Ce n s u :!000 Co mplete Count Committee" co mp osed of key stak e holder s within our co mmunity . including e lected officia ls. planners . co mmumty ba sed organiza tion s. bus111e ss group s. relig10us institutions a nd me mbers of the media : ~OW THEREFORE . l. Thom as J . Burns . '.\l ayer of t he City of Englewood . Co lorado. h e r e by procla im Ce ns u s 2000 as a top priority fo r all departments a nd appo111ted officials and e nco urage the co mmunity to place a n e mphasi s w1th111 our Junsdiction of partnenng together wi th the Cmted States Ce n s u s Burea u 111 ac h1 ev111 g an acc uratt! a nd co mpl ete co unt 111 Ce n s u s 2000 111 the C ity of Englewood . Co lor a do. G J\'E:-1 unde r my h a nd a nd seal this 22 "" day of Fe bruary . 2000 . .11.: Pr r.1ed on qecyc led ?ap er.'~· • I • • • • •·. ! .. Mayor Tom Burns The City of Englewood 3400 South Elati Street Englewood, Colorado 80110 • --• • - Re: Resignation from Planning and Zoning Commission Dear Mr . Mayor: .. RECEIVED FEB 17 2000 CITY MANAGEfiS 01-rt<..iE ENGLEWOOD. COLORADO Regretfully, I must inform you that effective immediately I hereby resign from the Planning and Zoning Commission . Due to continuous conflict between my work schedule, and related travel , with Commission obligations, I belie\·e that it is in the be st interest of the Commission that I resign to allow another citizen the opportunity to devote the time that the City and Commission deserves . I thank you for the opponunity to serve on the Commission and I wish the City of Englewood and the Planning and Zoning Commission future success . Sincerely, /~#-~ J. Cole Hayduk Cc: Carl Welker, Chairman, Planning and Zoning Commission ., ,. Sb I· 0 • • • ORDINANCE NO. SERIES OF 2000 •,, ~ ,,,.. . • • - BY AUTHORITY A BILL FOR .. .. ... /0 ()...l AN ORDINANCE AMENDING TITLE 2. CHAPTER 8. OF THE ENGLEWOOD MUNICIPAL CO DE 1985, PERTAIN! G TO THE NAME CHANGE FOR KEEP AMERICA BEAUTIFUL COMMISSION TO THE NEW TITLE , KEEP ENGLEWOOD BEAUTIFUL COMMISSION. WHEREAS , the Keep America Beautiful organization's strategy to raise aware ness of Keep America Beautiful's identity a s a re s pected national network of organizat10ns working to improve the quality of life in American communities ; a nd WHEREAS , the Keep America Beautiful organizat10n is e nco ura ging mor e a ffili a tes to join their colleagues in Houston , Columbus , Indianapolis and Chi ca go by changing their name , to (city, county , state) Be a utiful : and WHEREAS, uniting the Keep America Beautiful affiliate network unde r a common name will increase national recognition of the Ke e p Am e ri ca Bea utiful organization and, in turn, attract new volunteers, donors and partners ; and WHEREAS, this name change and the new advertts ing de s igned for u se by local affiliates , are important first steps in leading the orgaruzat1on to a s tronger national identity; NOW , THEREFORE . BE IT ORDAINED BY THE CITY CO U NCIL OF THE CITY OF ENGLEWOOD, COLORADO , AS FOLLOWS : Section ) . The City Council of the City of Englewo od . Co lorado hereby amends Title 2, Chapter 8 . of the Englewood Muni cipal Co de 198 5, to read a s foll ows : CHAPTER 8 KEEP AMERIC.+. ENGLEWOOD BEAUTIFUL COMMISSION 2-8-1: COMMISSION ESTABLISHED; MEMBERSHIP AND TERMS : There is hereby established a KEEP ENGLEWOOD BEA UTIF UL commission AN AFFILIATE OF KEEP AMERICA BEAUTIFUL. INC. of the City of Englewood , to be of fifteen (15) persons to be appointed by the City Co uncil. ALL COMMISSION MEMBERS WILL BE APPOINTED TO OVERLAPPING TERMS OF TWO (2) YEARS. THE CITY COUNCIL SHALL MAKE APPOINTMENTS TO FILL VACANCIES FOR UNEXPIRED TERMS . The Cit) Ce1:t11eil shall Elesi~ate se, en (7) members ehhe Cemmissie11 te ser, e 1:1ntil Beeemher 19, l99il, a11EI eight (8) ffl.emhere te ser,e 1:111til Beeemeer 19 , l99t . er the halttnee ef !I fel:lP (t) )e!IP term .. hen Elesig11!lteEI miEI term. -I - • ' " . I • 0 - • • • .. • ,. • - 2-8-2: ORGANIZATION AND MEETINGS : A. In Mftl'eft '.'JOVE MBER of every e. en nttmherea yea r . the Keep ~ E NG LEWOOD Be autiful Co mmission s ha il select it s ch a irpe r son a nd vi ce chairper son for twtt {-2) A ONE (1) ye ar termlt. The ch a irper son a nd vice chairperson shall be entitled to enter into a ll d iscu ssion s of the Co mm issio n a nd to vot e on a il questions before the co mmiss10 n . The ch a irpe r son s hall be the presiding officer a nd s hall have s uch othe r a nd furt her d utie as may be designated by the rules a nd regulations of the Commiss10n . Wh e n t he chairperson is absent. the vi ce chairperson s h a ll se rv e as the p r esidi n g office r. B. A s imple majority of the duly appointe d member s of the Co mmi ssion s ha il constitute a quorum for the trans action of business. In t he a bsence of a quorum . s uch me mbers as a r e prese nt m ay adjourn fro m ttm e t o ttme unt tl a quorum is present. 2-8-3: POWERS AND DUTIES: The Keep Amffleft E NG LEWOOD Beautiful Commission shail have the following powers a nd duties: A . B . Be advisory t o the Ci t y Co uncil in all ma tter s per ta ini n g to Keep Amer ica Bea utiful. Inc. Prepsre snnttslb a Keep .\me1ies .S~lGL.SWOOD Bestttifttl m!l~ter rilsn fer .Sngle .. eed. GB. Act as a sounding board of the community a nd gather and asse ss the fa ct s a nd data necess ary t o make s ound recommendations to the City Council in providing Keep America Beautiful services . The Commission, .. ith the !l!J!JP6>!1l ef Cettt.eil , may form committees made up of Co mmission members a s we il a s citizens a s needed . to r esearch programs that cail for extensive time and discussion. These committees will be a dvi sory only to the lieeri :\:meries Bet1tttthtl Commission . I} C. Adopt rule s and regulations for the conduct of the Co mmission meetings a nd duties of its office r s and committee s . ED. At a minimum meet monthly. ~-The Keep ,\meries Bestttiful Gemmissien sht1!1 de, eleri 8 heht1..tert1il) ht1 s ea t1prireseh t:e litter rire, entien !Ina , elttnt!l~ ree, eling . G . The l(eep Ameriet1 Bet1tttifttl Gemmissien sht11l ae,eleri !l methea te imrire,e .. sste ht1ndling prt1etiees in the Git) ef.Sngle .. eea . H . The l,eep .\merie!l Bet1tttifttl Gemmissien sht1H .. erlt te eht1nge hehs, iers t1ttitttdes t1nd rirsetiee s eseh riersen ht1s t1hettt hsnalmg selia .. t1st e . 1-. The Keep Amer1es Bet1tttiful Gemmissien shsll .. erlt te elimmste the lelle .. ing semees ef litter: +. I111p1epe1 hettseheld refttse rittt:ettts . l!-. lmprepe1 eemmere1t1l refttse ptttettts. -2- • ) I • 0 - • • • • ~ ,,-- • ,~ !r"'-. • -' a. Unee, ereli , ehieles . +.-Litter &em leailing Ii.eeks . 6-. Litter &em eenett"11etien ans !iemel!t:ien sit.es. &. Lit:t:er fpem met:ePists . !f. bitter fpem 11elieet:Piane. J-:. The Keep Ameriea Bea11tifttl: Cemmi88ien ehaH ereate : +. l!. A sense efe .. nerehip h) eiti,iene in .. aste . A sense that: eaeh eiti,ien has a respens1h1I!t, te elean 11p "aste . E . DEVELOP PROGRAMS AND SERVICES THAT INCREASE CITIZEN COMMITMENT TO AND RESPONSIBILITY IN ISSUES RELl. TI NG TO WASTE REDUCTION, ENVIRONMENTAL PROTECTIO N Al\'D NEIGHBORHOOD BEAUTIFICATION . .. Section 2. Safety Clauses The City Council, hereby finds , determines , and declares that this Ordinance is promulgated under the general police power of the City of Englewood , that it is promulgated for the health, s afety, and welfare of the public, and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare . The City Council further determines that the Ordinance bears a rational relation to the proper legis lative object sought to be obtained. Section 3 . Seyerability If any clause, sentence, paragraph. or part of this Ordinance or the application thereof to any person or circumstances shall for any reason be adjudged by a court of competent jurisdiction invalid, such judgment s hall not affect impair or invalidate the remainder of this Ordinance or its application to other persons or circumstances. Section 4 Inconsistent Ordinances All other Ordinances or portions thereof inconsistent or conflicting with this Ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. Published as a Bill for an Ordinance on the 25th day of February, 2000 . Thomas J . Burns, Mayor ATTEST: Loucrishia A. Ellis , City Clerk -3- ,. ~ "· ~ .,, ) I • C, 3 - • • • • ·-~. .. • • ' I , Loucrishia A. Ellis, City Clerk of the City of Englewood , Colorado, hereby certify t hat the above and foregoing is a true copy of a Bill for an Ordinance, introduced , read in full. and passed on first reading on the 22nd day of February, 2000. Loucrishia A. Ellis -4- • • I ) I • 0 32X e r • • • ,,-. • '4' •. • -.. COUNCIL COMMUNICATION Date February 22, 2000 Agenda Item Subject Ordinance Amendment to Title 2, Chapter 8 , Keep America Beautiful Commission IO a i lNITIA TED BY STAFF SOURCE Community Development Kat e Newman. Planning Technician. Tricia Lang o n. Planner COUNCIL GOAL AND PREVIOUS COUNCIL ACTION There has been no previous Council action o n thi s re4ue st. RECOMMENDED ACTION Staff recommends that City Council set a public hearing for March 20, 2000 to cons ider public testimony on proposed amendments to Title 2. Chapter 8 , Keep America Beautiful C o mmis s io n of the Englewood Municipal Code . Proposed amendments will incorporate a proposed name update and are intended to reflect the Commission ·s current missi o n while being more co nsi stent with other Commissions' Ordinances. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED Council amended the Englewood Municipal Code by C o uncil Bill 52 o f 1990 to establish th e Keep America Beautiful Commission, provide for its organization and set forth the po wer and duties of the Commission . The Commission was based on the Keep America Beautiful. Inc . System, a national , non-profit public education organization dedicated to improving the qualit y of life in American communities. In 1991, Council approved a resolution officiall y auth o rizing the Commission to use the description 'The Englewood Clean. Green and Pro ud C o mmi ss io n". This descriptio n was chosen to distinguish the C ommissi o n fr o m the nati onal o rganizati o n and became part o f the Commission 's logo . Clean, Green and Proud has been a solid name for the past decade describing the C o mmi ss io n·s themes of litter prevention. environmental protection and community pride . Ho we ve r , the public also recognizes the Keep America Beautiful name and the C o mmi s si on feel s a mo re easily recognizable identity is important to advancing it s mission . Keep America Beautiful , Inc ., as part of the Ag enda 2000 planning process , has asked affiliates to unite the ·'affiliate network under a common name ... to increase national recognition o f our collective, positive efforts and , in tum, attract new volunteers, do nors and partners ." The Commission discussed and recommended the foll owing additional amendments to the Ordinance. Section 2-8-1 : Membership and Terms . Decrease the term from four years to two years . The Commission has struggled with retaining members and feels that it is more realistic for people to commit to a two-year appointment. ' . ., ) I • 0 - • • • • -.. Section 2-8-2: Organization and Meetings. Change selection of a Chair and Vice Chair from March to November and length of tenn from two years lo one year. Currently, the Commission selects a Chair and Vice Chair in March. This change would permit the Commission to begin each calendar year with a new Chair and Vice Chair. Section 2-8-3: Powers and Duties. Eliminate certain powers and duties and replace with powers and duties that more accurately reflect the Commission·s current mission. Paragraphs A, D, and E regarding the Commission's advisory role. rules and regulations , and monthly meetings should remain. Changing paragraph C to allow subcommittees to fonn as needed, rather than with Council approval, will encourage more flexibility and a quicker response rate. Currently, the Commission does not prepare master plans (paragraph B), develop behaviorally- based approaches to litter prevention (paragraph F), improve waste handling practices and personal practices and attitudes (paragraphs G and H ), eliminate specific sources of litter (paragraph I), or create citizen ownership and sense of responsibility in waste (paragraph J). The Commission feels that these duties are too specific , restricting the Commission from addressing the community's current and pressing needs. Broadening this section allows the Commission to be more flexible with program development and service delivery of programs and services that increase citizen ownership and responsibility in issues relating to waste reduction, environmental protection, and neighborhood beautification. ALTERNATIVE AMENDMENT Based on discussion to improve the manageability and effectiveness of the Commission at the City Council study session on February 14, 2000, an additional change may be made to this ordinance as follows : I move to amend Council Bill 9 to change Title 2, Chapter 8, Section 1 to reduce the number of persons appointed to the Commission from 15 to 9. FINANCIAL IMPACT No financial impact to the City is identified . LIST OF ATTACHMENTS Bill for Ordinance Keep America Beautiful letter 2 • ' . .. • I I • 0 3 x I l •' • Memo To : Through : From : Date : Subject : ,. .,,-. • I•• .•· • -... City Council Bob Simpson, Community Development Director Dan Brotzman , City Attorney Kate Newman. Planning Technician vt... Clean. Green, and Proud Commission January 24. 2000 Clean. Green. and Proud Ordinanc.e Re vis ion .. KEEP ENGLEWOOD BEAUTIFUL The Clean. Green, and Proud Commission met on January 11. 2000. to discuss proposed re visions to Title 2, Chapter 8: Keep America Beautiful Commission of the Englewood Municipal Code . The Commission feels that revisions to the Ordinance are necessary to better reflect its current mission, be more consistent with other Commissions· Ordinances. and incorporate its proposed name change . A study session is scheduled for mid-February. at which time the Commission will request Council's input on the following proposed rev1s 10 ns. Following Council's input, the City Attorney 's Office will draft a revised Ordinance . Throughout the entire Ordinance • Change Keep America Beautiful Commission to Keep Englewood Beautiful. In Section 2-8-1 (Commission Established ; Membership and Terms) • Keep the first paragraph regarding a 15-person commission. • In the seco nd paragraph, change the appointed tenn from four (4) years to two (2) years . In Section 2-8-2 (O rganization and Meetings) • A . Change the month of selection of a chairperson and vice chairperson from March of every even-numbered year to November of every year. Also, change the length of term from two (2) yea rs to one (I ) year. • B . Keep this paragraph regarding the si mple majority . Keep Englewood Beautiful City of Englewood 3400 South Elati Street Englewood. CO 80110 (303) 762-2342 ' Pnnled on Recyded Paper .. ' .. ) I • 0 xi .. • _.. • 7·\· . .. .. .. • -' In Section 2-8-3 (Powers and Duties) • A. Be advisory to City Council in all matters pertaining to Keep America Beautiful. Inc . • B. Eliminate paragraph B regarding an Englewood Master Plan .. • C. Change wording so that the Commission may fonn committees as needed rather than only with the approval of Council. • D. Keep paragraph D regarding rules and regulations. • E. Keep paragraph E regarding monthly meetings. • F though J. Eliminate paragraphs F through J. Add : develop programs and services that increase citizen ownership and responsibility in issues relating to waste reduction, environmental protection. and neighborhood beautification . Attachment: Title 2 , Chapter 8: Keep America Beautiful Commission ' ~· . . ' ' ' ' • ) I . 0 • • • . . .. r, EN314 CHAPTER 8 KEEP AMERICA BEAUTIFUL COMMISSION SECTION: .. ~ -· • • • ' 2-8-1: Commission Established; Membership and Terms 2-8-2: Organization and Meetings 2-8-3: Powers and Duties 2-8-1: COMMISSION ESTABLISHED; MEMBERSHIP AND TERMS: .. 2-8 ( 1 ) There is hereby established a commission of the City of Englewood, to be of fifteen (15 ) pe=sons to ce appointed by the City Council. The City Council shal l designate seven ( ) membe=s o f the Commission to serve until Decembe= 1 0 , 1992 , and eight (8 ) members to serve until December _o, 1994, o = the ba:ance of a four (4 ) year term when designated mid te=m. (Ord. 5 0 Series 1990 ) 2-8-2: ORGANIZATION AND MEETINGS: A. In March of every even-numbered year, the Keep America Beautiful Commission shal l se:ect its chai=person and vice cha~rperson for two (2 ) year terms. The chairperson and vice chairperson shall be entit-ed to enter i~to a ll discussions of the Commission and to vote on all questions before the commission. The chairperson s h a l _ be the presiding officer and sha_l have such other and further duties as may be designated by the rules and regulations of the Commission. When the chairperson is absent, the vice chairperson shal l serve as the presiding officer . B. A s imple majority of the d uly appointed members of the Commission sha_l constitute a quorum for the t=ansaction of business. In the absence of a quorum, such members as are present may adjourn from time to time until a quorum is present. (Ord. 50 Series 1990 ) 2-8-3:POWERS AND DUTIES: The Keep America Beautiful Commission shall have the following powers and duties: A. Be advisory to the City Council in all matters pertaining to Keep America Beautiful, Inc . .. ~ ' . . ' ) I • C, - EN314 • • • .. ~ ,,- • . .. .. ... 1'. • • ... 2-8 (3 ) 1. A sense of ownership by citizens in waste. 2. A sense that each citizen has a responsibility to clean up waste. (Ord. 50 Series 1990 ) ' ' . ' • ) I • 0 32X • • • ORDINANCE NO ._ SERIES OF 2000 .. • .. • - BY A .THORITY A BILL FOR ... COUNCIL BILL NO. 10 INTRODUCED BY COUNCIL MEMBER~~~~~~- AN ORDINANCE AMENDING TITLE 2. CHAPTER 10 . OF THE ENGLEWOOD MUNICIPAL CODE 1985 . PERTAJNING TO THE ENGLEWOOD CO DE ENFORCEMEr-..11' ADVISORY COMMI TTEE . WHEREAS, the City Co uncil has reviewed thi s Ordinance in the process of appointing members to the Englewood Co de Enforcement Advtsory Co mmittee: a nd WHEREAS, the City Council feels it to be a ppropriate t o r ed uce the numbe r of members from 11 to 7; and WHEREAS , the City Co uncil feels it appropriate to rem ove the Sunset Provis ion a nd make this an on-going Commission : NOW , THEREFORE, BE IT ORDA1NED BY THE CITY COUNC IL OF THE ITY OF ENGLEWOOD , COLORADO , AS FOLLOWS : Sectjon 1. The City Council of the City of Englewood , Colo r ado her eby authorize amending Title 2, Chapter 10, Section 2. of the Englewoo d Muru c1pal Co de 1985. which shall read as follows : 2-10-2 : COMPOSITION AND MEMBERSHIP: THE C01\f..'1 ITTEE WILL BE COMPRISED OF ELEVEl>l fl--17 SEVEN (7) MEMBERS A.PPO!ll."'I'ED BY CITY COUNCIL, AND THREE (3) EX-OFFICIO STAFF MEMBERS APPOI:--.iTED BY THE CITY MANAGER AND TWO (2) COUNCIL LWSON MEMBERS . THERE SHM.L BE Ol>JE (1) MEMBER FROM THE BUSI?):liiSS CO l\lMUl>IIT'i . Ol>IE (1) 11.(EMBER FROM THE C.b'Y.1-BER OF COM!l.t:ERCE : TWO (2) MEHBERS FROM THE CLE.Y.l , GREEl>l MID PROUH COMMISSI0l>l. TWO (2) MEMBERS FROM ENGLEWOOE> FOCUSll>lG Ol>l TOMORROW (EFOT) .. \?J:.E> (&) FrVE MEMBERS AT LARGE GIVEJ>I TO GEOGRAPHIC REPRESEl>IT.\TION . WITH THE EXCEPTIOl>l OF REPRESEl>IT.\TIVES FOR THE BUSJ:>;:i;;ss COM MnllTY, .\±.b MEMBERS SHALL RESIE>E WITHIN THE CITY OF E);GLE"'OOE>. Sectjon 2. The City Council of t he City of Englewood. Colora do he r eby a uthorizes r epe a ling Title 2, Chapter 10 , Section 7, of the Englewood ~I unicipal Co de 1985. in its entirety. ~ SUNS8T PRO\tlSION. THE COBE El>JFORCEME?iT .\B\1SORY COMMITTEE MJ.E> THE PR0\1SI0l>JS OF TITLE 2, CH.\:PTER 10 , SH.\±.b TERMI!>lATE ll>I FIVE (&) YEA.'U> UNLESS THE COMMITTEE .\?J.E> THE PR0\1SIO!>JS OF TITLE 2, CHAPTER 10 , ARE REl>JEWEEl BY COUl>JCib OREll!>lAl>lCE. -I - • . ' ) I • 0 • • ' I -. ~ ,,,--· • ,. .. " • -' COUNCIL COMMUNICATION Data Agenda Item Subject February 22, 2000 10 a ii Englewood Code Advisory Committee Initiated By Staff Source City Council Daniel Brotzman, City Attorney COUNCL GOAL AND PREVIOUS COUNCIL ACTION Adoption of the Code Enforcement Advisory Committee with the passage of Ordinance No . 71 , Series of 1997. The Englewood City Council reviewed this matter at the February 14 , 2000 Study Session . RECOMMENDED ACTION Passage of the proposed Ordinance. BACKGROUND, ANALYSIS, AMJ ALTERNATIVES IDENTIFIED The Cit y Council has reviewed this Ordinance in the process of appointing members t o the Englewood Code Enforce m e n t Advisory Committee . The Cit y Council fe e ls it to be appropriat e to reduce t he numbe r of m e mbe r s from 11 to 7. The Cit y Council fee ls it a ppropriate to remove t he S unset Provision a nd m ake t his a n on-goin g Co mmission. FINANCIAL IMPACT No financial impact to the City has been identified . UST OF ATTACHMENTS Bill for an Ordinance ' . . , I . 0 ]- • • ,. • .. • - Section 3. Safety Clauses The City Council . hereby finds . determines. and declares that this Ordinance is promulgated under the general police power of the City of Englewood , that it is promulgated for the health, safety, and welfare of the public, and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare . The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained . Section 4. Severabj)jty If any clause, sentence, paragraph, or part of this Ordinance or the application thereof to any person or circumstances shall for any reason be adjudged by a court of competent jurisdiction invalid , such judgment shall not affect impair or invalidate the remainder of this Ordinance or its application to other persons or circumstances. Section 5 Inconsjstent Ordjnances All other Ordinances or portions thereof inconsistent or oonflicting with this Ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. Introduced, read in full , and passed on first reading on the 22nd day of February, 2000. Published as a Bill for an Ordinance on the 25th day of February, 2000. Thomas J . Bums, Mayor ATTEST: Loucrishia A. Ellis, City Clerk I, Loucrishia A. Ellis, City Clerk of the City of Englewood , Colorado, hereby certify that the above and foregoing is a true copy of a Bill for an Ordinance, introduced , read in full, and passed on first reading on the 22nd day of February, 2000 . Loucrishia A. Ellis -2- • .. .. .. • J ) I • 0 • • ORDINANCE NO . SERIES OF 2000 j -• •• ,r • ,.,--· • .. • - BY AUTHORITY A BILL FOR ' COUNCIL BILL NO. 7 INTRODUCED BY COUNCIL MEMBER ______ _ AN ORDINANCE AMENDING VARIOUS TITLES OF THE ENGLEWOOD M NICIPAL CODE OF 1985 RECOGNIZING THE ORGANIZATIONAL STRUCTLllE OF THE CITY. WHEREAS , this will coordinate the Code with Article VII of the Englewood Home Rule Charter; and WHEREAS, there are numerous places in the Code that need to be clarified to reflect the spirit of the City and City Manager form of government and the current method of operation of the City; NOW, THEREFORE, BE IT ORDAINED BY THE CITY cou :--cIL OF THE CITY OF ENGLEWOOD , COLORADO , THAT : Section 1. Title 1, Chapter 3, Section 4; Englewoo d '.\llunicipal Co de of 198 5, 1s her e by amended by insertion or deletion of the following amended defi.nm ons in alphabetical order, as follows: CHIEF BUILDING OFFICIAL, CHIEF INSPECTOR, CHIEF BUILDING INSPECTOR OR BUILDING OFFICIAL GATH: TRAFFIC ENGINEER: The Chief 8ittl&i11g Qffie1&l er s1teh effieers . i11speetere . liep1tlies &111i &s s1sflleW! ie the P1telte 'llerke Qep8Plme11t" he m8 , he a1ttlte .. 11ee te el'lferee epeeifie pre oieie11e sf this Celie . WHERE THESE TERMS ARE 'SED IN THIS CODE OR ANY SECONDARY CODES ADOPTED BY REFERENCE HEREIN. THEY SHALL MEAN THE PERSON DESIGNATED BY THE CITY MANAGER WITH THE TITLE OF CHIEF BUILDING OFFICIAL. The erli "e8tlt" i11el1tliee &tftt,m8tie11 8119 the erli "e, ear" i11eh11iee tlte were affipm. E,·ery melie ef era! afllt.eme11t 11111ier e8tlt er affirmaue11 ie emer8eeli 111 tlte term "teettiy" 8Bli e e~ ·w·r,ttee e11e ST,\TEUE>IT ie the Mrm "liepeee " . THE TRAFFIC ENGINEER, AS DESIGNATED BY THE CITY MA1 'AGER OR St:CH OFFICERS AND ASSISTANTS DESIGNATED TO ADMINISTER ENGINEERING , OPERATIONS . AND MAINTE~ANCE OF TRAFFIC WHICH MAY BE AUTHORIZED UNDER THE PROVISIONS OF THIS CODE . Section 2. Title 1, Chapter 4, Section 6 · CITY JAIL; CONFINEMENTS , Englewood '.\1unicipal Code 1985, is hereby amended as follows : ' .. . ' I • 0 I • • • • -• I •., ... ·~ • ' -~ COUNCIL COMMUNICATION Date Agenda Item Subject February 22, 2000 10 a iii Administrative Ordinance Initiated By Staff Source City Manager Gary Sears, City Manager Dan Brotzman, City Attorney COUNCL GOAL AND PREVIOUS COUNCIL ACTION This is an administrative clean-up ordinance. RECOMMENDED ACTION Staff recommends adoption of this Administrative Ordinance to clean-up various Titles of the Code . This will coordinate the Code with Article VII of the Englewood Home Rule Charter. BACKGROUND, ANALYSIS, AND AL TERNATNES l>ENTFIED There are numerous places in the Code that need to be clarified to reflect the spirit of the Countil/City Manager fom, of government and the current method of operation of the City . RNANCIAL IMPACT No financial impact to the City is identified . UST OF ATTACHMENTS Bill for an Ordinance ~----------------· • . ' .. ) I . 0 ] ( • • " • .. • - A. Jail Record Book . The S&fe~ SeP"'iees Elit"eeter , es keej!er ef tile City jail. C ITY shall maintain a jail book in which shall be entered the following information relative to each perso n r eceived, detained or ordered confined in the City jail: the jail serial number assigned. the name , age . sex, residence. charge . sentence . date and time received, date and time released and the credits allowed for work assigned or good behavior. B . Persons Confined Required to Work . Any person committed to Jatl for a violation of the Code may be required to work for the City at such labor as m ay be designated by the Sek~ SeMeee Elit"eeter CITY MANAGER OR DESIGNEE. within or without the jail. not exceeding ten (10) hours for each working day . C. Credits Issued . l. Credit on Jail Sentence. The Sefet~ SeP"'ieee ElireeMr CITY MANAGER s hall have the power to reduce the sentence of a person con.fined under a jail sentence imposed upon lum , where the person so con.fined does all work assigned to him , abides by the rules of the jail and all instructions given him , and otherwise conducts himself in a proper manner . Such reduction of sentence because of good co nduct s h all be co mputed one day for each two (2) days served so that each three (3) days of his sente nce may thus be s er,ed m two (2) days . 2. Credit on Fine. Any perso n unpnsoned fo r nonpayment of a fine , who is required to work for the City as provided here in . s hall be allowed. e xclu s iv e of his board, the additional crec!Jt of two dollars ($2.00) per day for each day's work, on account of such fine and costs . Sectjon 3. Title 1, Chapter 4 , Section i · RESTITU TION TO 'vlCTJMS OF ORDINAl\lCE VIOLATIONS, Englewood Municipal Code 1985 , 1s hereby amended by adding a n e w Paragraph F to read as follows: F. ENGLEWOOD MUNICIPAL COURT SHALL BE RESPONSIBLE FOR COLLECTING RESTITUTION PAYMENTS FROM DEFENDANTS FO U ND GUILTY OF ORDINANCE VIOLATIONS AND DISBURSING THE SAME TO THE VICTIMS . Section 4 Title 1, Chapter 6 , Section 2 · DEPARTMENTAL ORGANIZATION . Englewood Municipal Code 1985, is hereby amended as follow s : A. The departmental organization of the City shall be divided under the City Manager into the following departments e1ul eeetere tl!ereef: Administrative Services Fiaeaeial gep:il'ieee Elit"ee"8r ef Fineneiel EK effieie Ci~ 'Preee11rer 2 • ., • I • 0 •• • • Co mmunity Developme nt H UMA N RESO UR CE S Library Se rvice s Public Works PARKS AND Recreation 8eP¥ieee Sa fety Services Uulities .. • • -.. E}i,eeter ef Ce 1B1BURi~ E)euel eJl!Beftt E)ireeter e H,ilira~ Se!">ieea 9ireeter ef P 11lilie "'erke 9ireeter ef ReereatieR Se ruiees 9ireeter ef Sal"ei;, Seroaee s 9ireeter ef C tiliues B. Reference t o a department director er el eJl&Pl!B e Rt heael in this Co de by any t itle other than set forth m th.i s Section s hall be co n s trued to r efer t o t h e departme n t heed DIRECTOR a s set forth her e in . C . OR 8 te1BJler8~ li8ei.a The City ;\lanage r m ay . O N A T E:\1PORARY BAS ! re a ss ign duties a nd r es pons ibilities to de partme n ts m t he best inte r ests of t h e 1ty . Section 5. Title I , Ch a pter 63 · DEPARTME NT O F ADl\11:-.l STRATIYE ERVl E . Engle wood :\1uruc1pal Co de 19 8 5, is he reby a m e nded as foll ow s : ARTI CLE B DEPARTMENT OF ADMINISTRATIVE SER\1 CES J-6 B-I : G EJ\i"ERAL RESPONSIBILITIES : The Department of Admm1 s tra t.1\"e e r-vice s s h all be respon s ibl e for &H matters relat1eg te elate JlPeeeasieg , eeRtr&I s tares . As k ma11Bgeme1H , Jllff'!B8 81Bg aeel emJlle,ee relauaes . THE DIVISIONS OF RE\"E:--:T E , B l..iDGET, ACCO U NTING , INFORMATION TECHNOLOGIES. PURC HA S IKG A::slD CITY CLERK. IT SHALL BE THE DUTY OF THE DIRECTOR TO ACT . .\ EX OFFI C IO CITY TREAS URER AND FINANCE DIRE CTOR FOR PURPOSES OF TA TE STAT TES : TO ACT TO PROMOTE , SECURE AND PRESERVE THE FINA:-J CL.\L A::slD PROPERTY INTERESTS OF THE CITY IN . .\LL CASES WHERE THE D iTY I :-/OT EXPRESSLY CHARGED TO ANY OTHER DEPARTMENT OR OFFI C E . Srctiop 6 . Title I , Chapter 6C. Englewood Municip a l Code 1985 , ,s he r e by deleted . :'~TICbE G 9EP.\RTME11-JT OF FIW,11-'CI.Ab SER'nCES . I GC 1: GE::>JERAI. RESPO::>ISIHlblTIES: The 9eJlartmeet ef Fiea8eiel Se,., 1ees ahaH lie re s JleRailile fer the Eli>'iaiee ef Reveeue, H11elget , ,',eea11Rtieg, &8el Cit) Clerlt . It ahe:Y lie the el11t) af the E)ireeter ef FiRaeeial Servieea, ei1 effieie City Tre&a lif'er , te aet te Jlremete , .~eelit'e 888 JlPeBel"> e the !tftaeeial 888 Jlr8Jlerty iRtereete ef the City ie aH eases here the 911t~ ts Ret e.1Jlreael, eharge8 te B8Y ether 8eJl&Pl1BeRt er effiee. Section 7 . Title l. Chapter GD , Englewood :\1un.icipal Cod e 198 5, 1s here by change d to Ch a pte r 6C , a s follows : ARTI CLE E) DEPARTMENT OF COMM U NITY DEVELOPME:-JT 3 • .. ) I • 0 J ( • .. ,. .,-, • ' • -.. 1-@ C-1: GENERAL RESPONSIBILITIES: The Department of Comm uruty Devel op ment shall be re s ponsible for the formulation. admmistration and implementation of all planning, environmental. housing, he alth, sanitation and redevelopment programs within the City BREI shall enfePee eeEies rele:tieg ta ae:tEi 11regpe:ms : s hall assist the City Plannmg and Zoning Commission in preparation of the Master Plan for the physical. social a nd eco nomic development of the City; shall inspect subdivision plats for compliance with the Subdivision Code; and shall assist the Board of Adju stment a nd appeals by prov1ding mformation and recommendations on matters considered by said Boa rd . Section 8 . Title 1. Chapter 60, Englewood Municipal Code 1985, 1s changed t o a dd a new Department of Human Resources, as follows : ARTICLED DEPART~1ENT OF HUMAN RESOURCES l-GD-1: GENERAL RESPONSIBILITIES : THE DEPARn1ENT OF HC:"-U:-; RESOL"RCES SHALL BE RESPONSIBLE FOR ALL l'vlATTERS REL\TI:-:G TO : RECRCITMENT AND SELECTION, ORGANIZATIONAL TRAINlNG A).1D DEVELOPMENT, COMPENSATION AJ\11) CLASSIFICATION. E~IPLOYEE AND L\BOR RELATIONS , EMPLOYEE BENEFIT ANTI WELLNESS PROGRAMS . PERSONNEL POLICIES AND RISK MANAGEMENT . Section 9 . Title 1, Chapter 6F · DEPA.RnIENT OF P L13 LI C WORKS . Englewood Mumc1pal Co de 1985 , is hereby amended as foUows : 1-GF-l: GENERAL RESPONSIBILITIES : The Department of Public Works s hall be responsible for all matters relating to construct10n. management. maintenance and operation of the physical properties of the City. 1ncludmg, without limitation. street and s urface drainage maintenance. traffic systems . central garage facilities. engineering,~ and building maintenance: the administration. design . inspection and coo rdination of the capital improvement programs of the City , as weU as the co ntract admimstrat10n with reference to the review of specifications : the providing ef.lega l de scri ptions and s urveys when necessary or regul.J'ed ; t,e 11re•1iEie PROVIDING estunate of value relatmg to real property and t-lte PROVIDING prelimmary inve stiga tions relating to ownership of land a nd building safety . Section IO . Title 1, Chapter 6G -DEPARTMENT OF SAFETY SERVICES , Englewood Municipal Code 1985 , is hereby amend.ed as follows: l-GG-1 : GENERAL RESPONSIBILITIES : The Department of Safety Services s hall oversee all police functions . including patrol. investigations, THE RESERVE POLICE FORCE, administration, community relations , APPOINTMENT OF SPECIAL POLICE , and animal control; and all fire functions , including suppression, prevention, administration, rescue AND AMBULANCE se rvices , El\TFORCEMENT OF REGULATORY PROVISIONS , FORMULATE AND CONTROL A HAZARDOUS MATERIALS COMMUNITY RESPONSE PLAN. training and volunteers ; and all central comm unications. The titles "Director of Safety Services" and ·'Safety Services Director'' are sy nonymous with "'Chief of Police", "Police Chief', "C hief of Fire'', and "Fire Chief' for all purposes under the applicable laws of the State of Colorado and the United States of America . 1 GG 3: PQI:.ICE QIV-ISIQ~': 4 • . ) I • 0 - • • • 8 . C. D. .. • ... • - There is hereli, estaliltehes a Peltee Di ..teiee ith,11 the De,iaP!meet s f Sefe~ Serviees. eeesieaeg ef a Yeh 111HBlier sf ,ieltee effieere sf· 81'18Y @ re eke !1118 eth e r ei. i,i,i 811 ,iersenBel as . iB the j 118gme11t ef tfle Ci~ H811ager . me, li e Reee _ea~ fer the ,ieaee 8118 gees 0rser 0f the Cit,. The memliers 0f the Peltee D, 1e10R ahetl li e 8,i,ieiRte8 e:· the Ci~ HaRager a11s shell lie sYeJeet te the Cereer eeP" 1ee r>tlee 8118 regy}atiees . The Direeter sf Sefet, eeP" iees s ha,II Ile ie !Hf'eet e0mma119 ef the P ehee D, 101011 . The Direet0r shall aseig11 Ml memeere ef the D, 1e1sR te their reap e ea e 8Yt1e e . The Direeter 1s resJ1011eilile fer theH" tralftteg, )!lel'fermaRee . effie1e11e,. Ei1 ae1)!1ti11e 8118 eeesYet. The Dire"er is res)!leeeiele fer the eare Mis eYst0s _ ef all ,ire,ier~· Yee8 li, the Di·lieiee . The Direeter shall estaelteh ,islte,ee . ,ireee811Pes . ,.,Je _ a118 reg>1latie11s. 1ft eeBfeP1Ba11ee ., 1th the la, s ef the State ef Cslerase ees the . • . erEiiftaeees sf the City ef E11gle., eae. ea11eerttmg the B)!1eretta11 e f the Peltee 01 . 101011 8118 the ee11811et sf i'8 em)!lle_ ees. The Direeter shall e.1ereise ge0erel SYfleF'ls1e11 aes ee,urel e er all memliers ef the Di -4sie11 . The Dtree\t!r ef Safe~ eel"' iees is aYthePi.l!.e8 te 1eeYe a )!lermit te earr, e ee11eeale8 ea)!IBR te !Ml Eegle ees ,ieltee effieers . memeers ef the reser· e JlBttee f:eree . eeYrt marehel0 , eREi ether Peliee Di·-4sie0 )!lerse0ttel aa the DH"eeter ma_, seem &JlJlPBflPtete : 8e!i may i0sye )!lermi'8 te earr, ee0eeale8 wea)!le11s te ether Jlersees 111 8eear!iM1ee 1th 18 13 19&.l Celerase Re 'IBes StetYtes . The 0 1 '101011 sf Peliee shall lie ree)!leeeilile fer tohe Jlresel"' atiee ef JlYelie Jleeee . ,ire e11 tte11 sf erune , &Jl)!IPeheesiee ef el'i.1BH1ale . JlPBteet1011 ef iiers e0_al aes iireiiert, l'lgh'8 , enfereeme11t ef the laws ef the State ef Celerase a0s the erEii11a11e~~ sf the City sf g 111Je 00 8 . ees eYeh ether f1t11ea _e11e as the C,i, Heeager a118 C1E; Ce .. ee,I may Jlreee!'ll!e fer the Jl .. l!lte safety f .. 0et1e11 . . \11 meml!ere sf the Paltee Di ..taiee 8eaig11ate8 li, the Direet0r ef Safet_ eeP" 1eee t8 heoe h Ii ere s ha,11 h:a e eU JlB,-·ere a118 eemmeeetH"ate 8Yttee 1th rea)!leet ts the s1:1e ... pe ... ee pe \j eeP"'lee ef el'\IBtlllM Jlr0eeee aes the efti'ereemeet ef el'i.mieal la e as a-re estes 111 iielcte e effieere I!, the geeera,I s tat .. tee . 1 GC 3: SPECb\±. PQblCE: The Direeter sf Safet, eel"'-4eee ma, BJlJlBHU S)!lee1a,I iie_lctee effieere aYtheriJJBa aea em)!IB .. eree ts )!lel'ferm 8Ytiee similar M these _ ef regtt,lar JlBhee 'Ith the la.; a ef tile State ef Celerese a118 the erEiinaeeee sf the Cit, ef effieere, eette1ate111. Eegle ees. 1 GC I: RESERli:E PQYCE FQRCE: The reeeP" e )!1Bttee feree shall_e)!lerete >tR8er the !Hf'eeti88 8118 eeetrel ef tile E>ireeter ef Safety eeP\ iees. ReeeP" e )!leliee effieere ere . BJlJlBiet,es 888 eemmissieee8 B) tile Direeter ef Safety eePY1ees as B)!lee1a,I JlBliee effieers m aeeerliaeee itll eeetiee I GG a. } 'a memller ef the reaeP" e JlBliee feree ehall lie ee11sisere8 88 em)!lle_, ee ef the Ci~ fer 811 , Jllll'JlBBe . 11 er shall s .. ell )!lereee l!e e11titles '8_ e11, ee111J1e11eatte0 , JlBliee · 8 et · k lea e ie 11ge iEa Jl&Y er eem)!letteeter, t1111e ee11eets: aeli eaeh BYeh Jt€ft8l8R eRe 8 , 8te , •: . 1.. C' Ila,!) eefere l!eeemin1 8 memller efthe reeeP\e )!leliee feree . e .1eeYte te tne1t, a JlePBBII B , B ~ . . .. at, er ef BR) eleime fer ae, ee111J1e11saae11 , remY11eraae11 , er lle11e~'8 q3r 88) tBJYr, . · 8 ee..Jt ef ftie er Iler lleillg a meml!er 0fthe reeeP" e ,iehee feree . The C1~ .. tl.l 111e1H"Pe-80 8 P---· • 8 h c· , )!lre,ise ieeYreeee ee· erage fer '1.erkmee·e. eemJ1eRBatie0 at the C,i, s e!i,ie11se; ae t eit) will JlPB ..tae false 8Pl'est iftelH'&eee )!IPBteet1e11 . • .. .. I • () •• • --------.. • ... • - IHt'eetee te eeteliltek J!Blte1e e . 11reeee11re e. The DiPeeter ef Eiefe~ Eiero iees ie 81tthertee~ &:: ,ee 888 ge8eP&I ee881tet fer 88.' memlier r1tlee 88& reg'lt!eae8e ge erllfflg the terms e • . ef the reeero•e J!Sliee feree . li ffieere mil:! 88t &iieet tke 81tther1l!.e8 effe8~h ef II f eiBtee reeero e JIB ee e The 81t1B er 8 _8 1l!l 1 8 Peltee Div101e8 . the reg'lt!llt' iieliee 18 tite E8g e ee 1 6G e: FIRE DP16IO~': • ... 8 . C . D . . . . . e1e8 mitBl8 the DeJ!&rtl!le8t a f SeJet., There is herell) eetellliehee 8 Fwe D1 f'ifff a hti,eg iierse88el ef '"8¥1e1ta reflii s 888 · · f 1teh 81t!Bller e e I: 11 eeeM) SeMees. ee8e1et18g e s : . e8 t ef the Ci~ ) 1888ger. me.,e 8ee ether ei,iliee iieree88el ee, 1B t:e J1t8fue FiPe Di ieie8 ekell. lie RJ!J!Btntee II:· th e fer e&iet) ef the Cit). The mem. ere e Cereer Eieruiee CITY r>t!ea 888 I eg1tleMB8 8. Ci') H&8eger RHB shell he s11llieet te . . k&ll. lie i8 ai¥eet eel81!1888 s f the FiPe D1 •1e1eR . H e The DireeteP ef Ei&iel) Eiero ieee s · ••. fl te theiP resiieeti" e e11t1e a . H e is shell eee1ge ell memller~ ~f the D1 1918 ffieie8e·t . elisetJ!liRe Bflff eeRB11et . He ts ,eeiie8 e1llle fer their ff&mHtg , 11e~rmt:e·r:iierty ~see II\ the Di 1s iee . He ah&ll ree11e801llle fer the eere 888 e1tete ) e e II llletieRs ifl ee~rmanee m1th tke le 'e eet81ilieh 11elieiee . 11reee81t¥ea. r>t!ee .88 re~ the cit) ef E8glemeee. eeReerrMRg 1 8 8 the er81B88eea e II ll ef the Eitete ef Ce ere e 88: > 8 h ee881tet ef ite emJ!IB) ee e . He a 8 f h F ' e DP101e8 88 t. e D · the eJ!erette8 e t ew : · 1 er ell memllers ef tke1 'i S188 . e11ereiee ge8erel SIIJ!ero 10108 BRB eeRffe e te lie ke11t a 11eh reeeree ee the Dweeter ef The Fire Di l'ieie8 Ch!efe shell ee1tee ll II t te the Cit" Me8eger meRthh . ai1' e the) eh& 011 mt · I f S&ie~ eef'\•ieee me)eet. 88 11 f eelle &Re eree . the , e 1te a 1 he 111 g the 81tl!I er e 1j1t1H'terly 888 &ftftll8. PeJ!el'la e . I t 8g te i801tr&Ree flt11Bl!er ef re ee11e 8 11 • B.t lll6PIB8lle11 re 8 1 · h D ef J!reJ!el'I) eeetre) e~ 4'f. 1 ~ ther tlll6rmetieR re11 11 eatee ii) t etreeter ealle trettttBg ee1t¥eee hele, &II 811) e Ei&ie~ Eiero'ieee , e11ii,ler the Ci" U&&Rger . It shell. lie the e11i;, ef the FiPe Dt\·ieieR : l. Te Ria ;8 the 11re' e11t1e8 ef ens te e.1t18g>ttse fffea . a. Te ee1teete t e 11 11 r:. a {Hae pre eRU8ft . h lllte 111 &ll mREtere 11eH&itHRg te tH"ee 8ft . . . h the City lueh ee1tn1t11te j: 11el'l) &RB ee88ttleRe .. tt MR a. Te m&ke iMJ!eeuene e 11re~1u1u11etieR er el!ef>l!1Beflt thereef:. fffe eee&ree 888 te eee1et lfl t e e 4. Te e-ree M &ll reg'lt!HeP) J!re,ieieRe ehMe Ceee . !i. Te J!erfer18 reee1te RB e &1Bi111le1tee eel'\iees ·,1dtiR tee City. ~ · eflt i8 its . . 1:1 B.¥e aghti8g 8!1!111f'8tlt8 8flu eljltiJ!l!I G. Te e11eNte 8811 lll&HIWIIB 8 ellMgee, . . . Ii eire1t1B8t8Ree ef el:! flPee eee1trr1ng 'iiltifl the 7. Te iB teelicate the ealt8e , er1118 88 ~ lielt8 Heteriels Ce1111B1tftity ReeJ!eRee PleR taet 6 • ., ) I • 0 • • • --. • • - I GG G: fl RE PRElq;;>ITIQll>l 8UREAU: .\ F'i:re Pre eetiee 811rea11 shall 8e esta81isheEI .. ,lhtft the F'tt e D1 ieiel'I 11eEier the liiPeetiee ef the Dejlartmern ef Cemm11tHt, De ele11 mel'lt'e CITY'S CeEie .',einistrater. The 811rea11 s hall eeeeiet efa11eh fire D1 <t e1ee 11ereel'll'lel as may 9e aeeii:neEI therete 8) the Di:reeter ef Safe~ SeP"_ 1ee e. Tee f11eettee ef lilts 1;1,.rea11 ehalil 8e te assist the Case Aeieietrater ie the alimuHetret1ee aeEI ertfereemeet ef the Eegle eeEI 811i1BtRg aeEi Safety CeEie . I GG 7: VQbU>ITEER F'IRE DP'lSIQN: .\. Reee@:Rittee , Q .. altfieatiee. Hem8erehijl . There 1e here8y reeB@:1'11e eEI the EeglemeeEI Vei 11 eteer fi:re Di 'IBiee. a GeleraEie eet fer f!PB!it eef'jlerettee. es ae e>t!ttlte~· lif'e lighusg feree , the mem8ePBlti!l ef" ltieh ma~ 8e ealleEI ts Ei11~ Ei11f'ieg Ela) light. er flight time he1tt s ie the e,·eet ef lif'ee er hee ite aeeieteeee is etheP" iee eeeEieEI , Bll8Jeet t e 011eh aEIEitu e eal 11 11aitiieatieee er limiYtieee IHeh ma) 8e imJl eae EI 8) the 8) law s ef s 11eh eef'jlerauee . Tee mem8erehif! teereef shell eeeeist ef jlereees eigeteee (18), elif'B ef ege er el El er he :kell etee.., iee 11 .. alify . 8 . Cem13eeeatiee: Diea9iltty . bee@:'h ef Sep,qee , Retire meet Beee!ite . ?l·e 111 e 111e e, sf tee Vel11eteer F'i:re Di qeiee shall reeei,e BR) eemJleesetiee fer se P\iee s as a et em8er thereef; JlP0"R8e8 . he e er, that ee p,qee ae a mem8er eftke "ehteteer F'IPe D, 'lcs 1e 11 aeaH 9e eeeei8.ereEI as ee p,qee ie a Vel>teteer F'i:re Di·1ieiee fer tee !lllf'll0 Se sf ae, Eli.aa81lte, e r lee@:th ef eep,qee reti:remeet 9eee!ite JlrB 'i8e8 M mem8ere ef e11ek Di 1siee : &88 . 11re <t8 e8 f>trteer that the Git) Ge-eil may malie Jlli) meete te . er ee 8eealf sf, the Eegle eeEI Vel>teteer Fire Di qeiee ie reaeeea8le ame11ete 8eteP1Bine8 ee8 h118gete8 fer that !lllf'II B@e , 811ee JlB) 111.eete te he .. ee8 fer e11llif!1Beet, the traieieg ef lif'efigktere aeEi etker geeeral e11jleeeee efthe Eegle .. ee8 l'el111'1teer F'i:re Di.<teiee . C. Qffieere: Eleetiee al'l8 TePllle . The effieere eftee Vel .. eteer F'i:re Di.,ieiee akall eeeetet sf e11eh effieere ae ekall 8e f!P8"i8es 8Y 1te hylame ae8 s hell 8e eleeteEI &em RBRJ!Pehatiel'lllf') me111herelti!l sf the l "e l11ete er F'tre Di isiee. D. f1tt>tre }4e111hereh1jl : bimitatieee . The Eegle ,ee8 Vel111'1teer F'i:re Di, ieiee s hall ree p1ttt . 81111 eil'lt 81'18 111&1t1lo8tft a memh ereltif! as eeYhlieheEI hereie ae8 s hell :ereail;er ee e eiet ef a m111u1111111 memherehi!l ef w·ee~· fi,·e (2e) ehteteer lif'e!ighters ..• 8Elit1ee1M oel-teer a1111 e111B11el'lte may 9e ma8e h, the Ci~ Ce .. eeil ee the reeemmee8at1eee ef the E11gl e ee8 F'tre D1 1e1ee 888 the Ci~ Haeager ae eee8e8. I GG 8 : GQ)IHls>HCATIQl'IS Dl'.J'.ISIQll-1: TRere is hereh) e.reateEI the Di•'letee ef Ge mm 1111teattel'le. TRi e Di ieiee shall he reejleeeihle fer raEiie ae8 relates eemm1111teauee e tthitt lil'l8 fer the Peliee ae8 F'i:re Di lieieee , aeEI e11eh ether eemm11nieati e e 81ttie e ae aeeigeeEI hy tRe Git) Mallliger. If eeeeeeal')', the Cit) Maeager eRall lif!Jleint a Eli 1e1ee keali : e theP\ tee , tke D1Peeter efSafety SePYieee s hell Ra.e Elireet ejlerattee r esjlB RBt81tit~: fer the Di 1eieR . I GG 9: DP'lSIQl'l CHIEF APPQl!>ITMENT : ., There is kereh) eet.&hliehe8 tke 8Jlf!8ieteli JlB Bttieee ef Peliee D1 1e1el'I Chi ef 81'18 ii.e Di qeiee Chief e11teilie ,ke elaeeifieEI eeP" iee efthe Career SeP" 1ee S) s t e m C ITY . 8 . The Di:ree\er ef Safety SeP" ieee 111ay , after ee 11e11ltatie11 "h tke City >1aeage r , lif!JlelR\ te the 11e0itiee 11-lifie8 11ereel'll'lel l're111 e11teilie the Dejl&Pl111e11t "ke11 De11artme11i 7 .. I • 0 ( • • • '.• • • 11ePBe1111el lie. e l!ee11 e"&tllfttea 1111a H1>111a 11et te ha. e the Pett>lisite tt>111liiie11tie11e HIP the 11esitie11e ef Peuee D1 <ieie11 Chief er FM e Di .<ieie11 Chief. C. These 11erse110 111111eifltea tliat ere eet mithie the Cftf'eer Se,.•iee SJ ete111 s hat! ha e 110 Cftf'eer SeP'<iee Pighte . Q. ,1, 11ere011111111ei11tea te the 11esiti011 ef Di ieiee Chief s hat! retei11 the rtghte ta thew 11ri0P Cftf'eer Sel'\·iee 11eeii;ie11 . The tillle iR the 11eeit1e11 ef Diviei011 Chief eheJJ e1111ly te a111 e the 11eree11 has aeeNeli itt tlie CePeer e,ro<iee e . ete111. That 11ePse11 ehel-l retet11 these Career Sero.<iee Piglife HIP &H !!IU'Jl8See 111 ee1111eet1011 ith retwe111e11t . flE11B1e11. 111ea1eB1 l!e11efite , 01ek lee.e 1111a illj'*" le& e , 11e&ti011 le11 e , teP111i11&t1011 flllY , eeeefite te e110>1ees 11118 ae11e118e11t ehi1are11 >111011 aeeth &118 1111, ether 0>1eh e011111e11011t1011 1111a lea. e l!eeefite ef tlie Career Sero<iee s, el;em ef the De11ftf'tme11t ef S&fetl Serol'i,eee . K I.Jthe11 the Direeter ef S&fetJ Serol'i,eee teP1B11111tee the a11110ifltme11t ef 11 11er0011 te the 11ee1ti011 ef Dt 101011 Chief, 110 i:f'te. 1111ee BP 111111e11I she I-I e!ltS f. HIP w.et 11etie11. ,\ 11eree11 111111ei11te8 frem fl 11ee1t1011 ie the CaPeeP Sero<iee shaH rettH II te thew 11Pier CMeer SePYtee 11eeitie11 eitee11t 1ft the eeee ef tePmi1111ti011 ef e11111IB$'1Beet fr0111 the Gill' .. hieli 11111y l!e 111111e&lea te the Cftf'eer Sero iee Beera. F. At ee, tillle 1111epee11 , uhe he11 e11110111tea ee ill the Career Se,. tee s,·ste111 , 11111, resigB thew 1111110iflt111e11t ae8 eleet ta llBB>11Be their 11PieP PflfMi 1th,if1 the Career eel'\ iee ~ Section 11 . Title I , Chapter 6G , Section 10 , Englewood '.\1uruc1pal Code 19 85. 1s h e reby renumbered to Title 7, Chapter i . Section 7, as follows: ~ 7-7-7: EMERGENCY MEDICAL TRANSPORT FEES: A A fee shall be charged for any person transported by the Englewood Fire D1v1s1on . B. C . D. E. The fee established shall be the usual and customary ch arge for s u ch erv,ce m du community. The City shall contribute a twenty percent (20%) s ub 1dy t o Englewood residents. ''Transport" shall mean the actual physical transport from one place m or near the City to another place by the use of transport equipment of the Englewood Fire Department. The City Manager shall cause to have promulgated in wntmg reasonable billing and collection procedures. An ambulance billing review panel. co ns1stmg of members of the co mmunity and City staff, shall be established by the City Manager to hear a ppeals and protests, and to make adjustments to transport fee billings whe n deemed reasonable and appropriate. Unless otherwise determined, failure to pay t he fee established s hall constitute a violation of this Section. The effective date for implementation of this Sect1on will be ,January I, 1995 . Section 12 . Title I, Chapter 6G , Section 11 , Englewood Murucipal Code 1985, is h • ,eby renumbered to Title 7, Chapter 7 , Section 8 , as follows : ~ 7-7-8 : VEHICLE IDENTIFICATION FEES: A fee shall be charged by the City for the services of conducting certified and noncertified inspections of vehicle identification numbers . The fee shall be set by Council resolution. 8 • I • 0 - • • .. ~ -• I • .. • -' The Safety Services Department shall establish a policy for checking ve hicl e identification numbers . Section 13. Title 1. Chapter 61. Englewood ~unic1p a l Co d e 198 5, is here by a mended as follows : 1-61-1 DEPARTMENT OF PARKS AND RE CREATION S!;;R'r:ici;;s 1-61-1 : GENERAL RESPONSIBILITIES : The Department of PARKS AND Recreation 8er¥ieee shall provide recreation programs and services utilizing the various recreation facilities in the commuruty and shall operate and maintain the golf course . BALL FIELDS, SHELTER HOUSES, PLAYGROUNDS . BEACH . OR ANY OTHER OPEN AREA OW~'ED AND USED BY THE CITY DEVOTED TO OR DESIGNATED FOR ACTIVE OR PASSIVE RECREATION . Section 14. T itle 1. Chapter 10 . Section 2. Subsection 3A · NAT URE OF HEARI NGS , Englewood Municipal Cod.e . is hereby changed as follows : A. Quas1.Judi c al Hearings: The provi sions of Sectio n 1-10-2 -7 hereof sh a ll be applicable onl y to those hearings where the hearing body is called upon to exe rc ise a power of a j udicial or quasi-judicial nature, which, for the purpose of this Section . shall be deemed to include , but not be limited to . the following : I. Hearings before the Liquor Licensing Authority upon applica tion fo r t he issuance, or hearings for the sus pension or revocation of liquor or fe rmented malt beverage licenses: 2. Hearings before the Cit y Council upon ordinances which zone or rezone r ealt y, ordinances which annex property to the City , and upon all appeals from the decisions of any City offiCJal . board or co mmission wher e s uch a n a ppeal is authonzed by Charter, Statute or ordinance . a nd which r equires a n evtde ntiar y hearing to detennme s uch appeal : 3. Hearings before the Board of Adjustment and Appeals : 4. Heanngs before the 8eara ef Career Sero iee CemRHeeieeere A HEARI NG OFFICER upon appeals from disciplinary actions against employees ; 5. Hearings before the City Council or any board or commission or official respecting the issuance , suspension or revocation of any license issued by the City, or the imposition of any assessments or penalties; 6 . Hearings before other boards or commissions that meet the requirements of a quasi-judicial hearing as established by the Colorado Supreme Co urt. Section 15. Title 2, Chapter 4, Section 3 . POWERS AND DUTIES , Englewood Municipal Code 1985 1s hereby amended as follows: The Parks and Recreation Commission shall have the following powers and duties: 9 • ' ., . . ... ) I • 0 ( • • • .. ~ -• , ., .. 't • -' A. 8e aa'l'ieery te-the ADVISE City Co uncil in all matters pertaining to recreation. B . Prepare annually a parks and recreation master plan for the development a nd maintenance of a modem and adequate parks and recreation system. C . Act as a so unding board of the co mmunity and gather and assess t he facts a nd data necessary to make so und recommendations to the City Co uncil in providing recreation services . The Commission, with the approval of CITY Co uncil , m ay form co mnuttees made up of Commission members as well as citizens as n eeded to research programs that call for extensive time and discussion . These co mmittees will be advisory only to the Parks and Recreation Co mmission . D . Review the annual parks and recreation budget as s ubmitted from the Depart.me n t of PARKS AND Recreation Seto,,teee to the City Manager and make recommendations to City Council if the Commission deems n ecessary . E . Adopt rules and regulations for the conduct of the Co mmission meetings a nd duties of its officers and committees. F . Meet m onthly . Section 16. Title 2, Chapter 7, MUNICIPAL EMPLOYEES AD\ilSORY BOARDS, Englewood Municipal Code 1985, is hereby a mended as follows : 2-7: Municipal Employees Advisory Boards . 3 7 l : Cat"eer Se Mee 8eara ~ 2-7 -1: Retirement Board 3 7 l: C,\KEER SKRVICE 80ARQ: There ie hereh, eeMhitehea a Career Ser,oiee 8eara fer Yte Cit,. s ate Beard te h e ergae,ie ea a11a ie ha e the ,ewere, a11t.iee aaa RmetieBe ae eet e11l iR Title a, Chaf1ter 3 ef thte Mllftieiflal Celie . ~ 2-7-1 : RETIREMENT BOARD : There is hereby established a Retirement Board for the City , said Board to be organized and to have the powers, duties and functions as set out in Section 3-6-11 of this Municipal Code . Sectjon 17 Title 4 , Chapter l, Section l , Englewood Municipal Co de 1985, is h e reby amended as follows : 4-1-1 : DEPOSIT OF MUNICIPAL F U NDS : The Qiree1er efFt11a11eial Ser,<ieee, en effieie Ci" ~aswer CITY shall deposit all funds and monies of whateve r kind t hat shall co me into eielheP ITS possession 11, r'..Pi11e ef hie.the, effiee ae e11eh QiPeeter in t he name of the City, in one or more responsible hanks located in the State of Colorado whi ch h a ve theretofore been approved and designated by resolution adopted by a majority vote of the City Council. 10 • .. ) I • o : • • '- -• .. ,-. • • -... Section 18. Title -1. Chapter 1. Section 2, Englewood Murucipal Code 1985 , 1s hereby amended as follows : 4-1-2 : INVESTI!El\'T OF M NJCIPAL F UNDS : The Oiree~er ef Fiaa-eeied !,epoaiees , e,1 e!Iteie Qit~, Tress!H'er CITY s hall invest all funds and monies not immediately needed for the operating expenses of the City , exce pt fo r the Firefighters Pension Fund. the Yolunteer Firefighters Pension Fund, the Po!Jce Officers Pensio n Fund. Non-Emergency Employees Retirement Plan Fund and other Ci ty employee retirement plans. pursuant to an investment policy which s hall be a dopted by Council resolution each year . Section 19. Title 4. Chapter I , Sect.ion 3 -MUNlCIPAL PURCHASE PRO CE DL'"RES . Englewood Murucipal Code 1985, 1s hereby amended as follows : A. The City Co uncil s hall have the authority to authorize the Ci ty Ma nager to purchase co mmodities , equipment. d evices. machinery , materials and parts up on the open marke t or through negotiations and without recei ving sealed . co mp etitive bid s ther efo r . tn the followmg general situations: I. ln the purchase of s pecia l eq uipment. devic es. machmery . materials a nd parts prov1ded th at the a me are available onl y from one source a nd no similar dence are available or able to satisfactorily serve the ne ed s of the Cit y. 2. In the purchase of materials , equipment, machinery or device s where the standardization of such materials and equipment is nece ssary to ensure the proper functioning of existmg equipment. machinery or devices and/or to prevent the dupllcation of existing equipment. B. The City Manager~ OR designeee-shall have the authonty to purchase supplies, materials and equipment in excess of one thousand dollars (S 1.000 .00 ) upon the open market or through negotiations and without rece1nng sealed . competitive bids therefor. in the following situations and s ub1 ect to the fo ll owing conditions, provided that none of such purchases shall exceed ten thousand dollars ($10 ,000 .00 ): 1. In the purchase of water meters, fire hydrants . gate valves and fire hose , prov1ded that notice is given to all firms within the City offering the identical items for sale and each is given the opportunity to giv e informal pnce quotations for the purchase. 2 . 3. 4. In the purchase of sandgravel aggregate a nd asphaltic materials t o be used for treet fill. repair and maintenance , provided that all such purchases shall be based up on a unit quantity basis. In the purchase of special deV1ces and machine repair parts for both moving and stationary mechanical devices . provided that the same are available only from one source , and no other generally similar device is available from another source . In the purchase of replacement parts and equipment, when furnished as a part of a repair service to equipment owned or leased by the City . II 0 I • 0 • • • .. p ,..-· • I-,. • -~ 5 . In the rental of equipment a nd maclunery, pronded that the penod of rental 1s for a n indeterminate time a nd the rental fe e is negotiated upon a unit of time basis. 6. In the purch ase of materials and eq uipment where t h e standardization of s uch materials and equipment is necessary to e n s ure the proper functioning of existing equipment a n d/or to prevent the duplicauon of e:astmg eq uipment necessitated by the awar d of a low bid to a lternate-make e quipment when s uch purchases are expressly approved by the City :Vlanager. C. The City Manager ftft6-ffl9 OR designees s hall h ave t he a uthonty to purchase commodities, supplies and equipment under a n y general bid or purchas e co ntract of the United States Government, State of Co lorado or other go ve rnmenta l jurisdiction at the prices , terms and co ndition s co ntained therein . when . in t h e opinion of the City Manager, the governmental urut 1s deemed t o be the so urce of the lowe st and best bid . D. Administrative Decision . The City Manager or ht s des1gn ee s hall h a,·e the a uthonty to purchase goods that a r e for r esal e by the Ci ty , up on th e op e n market or through negotiations a nd without rece iving sealed . co mp eti tive bids t h e r efo r . Sectjon 20. Title 4 , Ch a pter 2 , Secoon · ELIGIBILITY FOR DEFERME:--;T , S u bsectton A, Englewood Muruc1pal Code 1985 . 1s hereby amended as follows : A. Property Owner' Ellgibility . A property owner may be eligible fo r asse s me nt deferral if: 1. The property ow n e r 1s a se ni or person . a disabled person or a h a ndi capped person, and that person or famtly unit which occ upies the e ligible residence property has assets and income less than the e ligibility limits fo r those pe r so n established pe ri odicall y by the City Council . 2. The property owner who occupies the eligible res ide nce property 1s a low wcom e person with assets and income less than the eligibility limits establis hed for those persons and established penodtcally by the Ci t y Co uncil. The asset a nd yearly income e ligibility amounts s hall be set penodically (preferabl y yearly) by the City Council upon the recomme ndation of the DiP ee teF ef FiB11eeuM eeP\iees CITY MANAGER , who s hall co n sider as a dvi so ry the income level and asset level of fifty percent (50%) of the m e dian in co m e level of person s in the metropolitan area . Sectjon 21, Title 4 , Chapter 2, Section 5 · DETERMINATIO~ OF ELIGIBILITY, Englewood Municipal Code 1985, is hereby amended as follows : Determination of Eligibility. The Ehreeter sf Fieaeee, ie ees11eratise , ith the E>weetsr fer Gammlllli" E>e elspmeal, CITY MANAGER OR DESIGNEE s hall dete rmine whe the r each property owner who applies for assessment deferral is eligible . upon determinatio n that the property owner is eligible and wishes said assessment deferred . the property owner shall execute a prollllSsory note and lien to the City for the assessment amount, plus necesu.ry recording fees. The promissory note and lien shall bear interest at the same rate 12 . } I • 0 I l ] • • _. • .. ~ /' . • • -' as the bonds, which finance the assessment district. The Ditoeete• ef FiReReiel SeR iees CITY shall record said lien and note with the County Clerk and Rec order for Arapahoe County. Eligibility for assessment deferment shall be redetermined by the City biannually. Section 22. Title -t , Chapter 2, Section G -PAYMENT OF ASSESS~{El\1 BY CITY . Englewood Murucipal Code 1985. is hereby amended as fo ll ow : Payment of Assessment by City. Upon receivmg and recording the note a nd lien as provided in this Chapter, the Dweet,er ef FieeRe111cl Se ... ,ees c1n· shall pay to the assessment district from a special fund of the City the a moun t of the deferred assess me nt. He THE CITY shall then note on the assessment r oll that s uch assessment has been deferred, and the assessment shall not be payable unttl the defe rment expi r es as provided in this Chapter. Section 23. Title 4, Chapter 2 , Secuon 8 -TIME OF A.PPLICATIO:sl : LATER DEFERMENT, Englewood Municipal Code 19 5 , 1s hereby a mended as follows: Time of Application : Later De ferm e nt: At the time of publication of the noti ce of a n ordinance to establish a s pecial distnct for imp rove m e nt. published therewith shall be notification that eligible property owners may have thei.r assessment deferred by complying with the provisions of tlus Chapter and by applying for the deferment not later than sixty (60) days after the final publication of the ordinance . Concurrently , t he~ ef Fieeeei&l SeMeee CITY shall cause to be publishe d at least twi ce in a new spaper of general circulation within the City a news release informing City residents of the availability of assessment deferments for eligi.ble property owners a long with information about applying for the deferment. In the event an eligible property ow ner desires to defer an assessment transferred to the County Treasurer for collection, the property owner m ay make application for aid deferral: upon meeting the eligibility cnteria of thi s Chapter. the assessment s hall be deferred . The Qitoee'8r ef FiReReiel Sel">ieee CITI" hall req UIIe the a pplica nt to co mplete all other necessary procedures for deferral. Upon a determination of the property owner·s eligibility, the assessment shall be deferred and removed from the roles of the Co unty Clerk and Recorder . Section 24. Title 4 , Chapter 2, Section 9 -INTERDEPARTMENTAL COOPE RATION : RULES AND REG ULATIONS; FORMS: Englewood Municipal Code 1985 . is he reby amended as follows : The Qifoee'8r ef FiBBReiel SeR>ieee CITY is directed and authorized to establish the forms , rules and regulations and information as Be IT deems necessary and proper to imple ment this assessment deferral program and to engage the cooperation of s uch &tftet' departments as may reasonably be necessary in carrying out this Chapter. Section 25. Title 4 , Chapter 3 , Section 4, Englewood Municipal Code 1985 is amended as follows : 4-3-4 : PARKS AND RECREATION FOUNDATION TRUST FUND : There is hereby established a special fund of the City , known as the "Englewood Parks and Recreation 13 " ) I • 0 ------------------c· ( • • • • • Foundation Trust Fund". a Trust Fund for the use a nd benefit of the programs a nd facilities of Mte-Englewood PARKS Al'H) Rec re ation Departme nt. and/or within Englewood pa rks . A. Trustees Appointment. The Englewood Parks a nd Recr eation Co mmissioners a r e a ppointed as trustees of the Parks and Recreation funds as pan of their Commission duties and shall serve during their te nure as Com miss ioners. B. Trust Funds . All gifts, bequests, co ntributions . grants a nd all U1vestments thereof. from whatever lawful sources . together with all accumulauons. acc ruals . ea rnings . and income w1th respect thereto delivered to the Parks a nd Recr eation Foundation Trust Fund s hall be held "i n trust" fo r the use a nd benefit of providi ng improved and expanded programs and facilitie s for the Engl ewood PARKS AND Recr eations Department a nd/or within-Englewood parks-through t he Trust Fund he r eby established. C. Management of the Trust Fund. D. l. The 9lf'eeter ef Fi8a8etiH eepo,ieee, e.1 officio City Treasurer. s hall manage th day-to-a da y investment policy of the Trust Fund. a. ,\rs eeeaea. the trHeteee shall ,eee111111e8a te the Git) GaH8eiA 11eriaaie a1111re11Piatieee fre111 the :PrHst FH8& HIP the e.1elHs1 e ttse a11e ee8efit afthe &8l!le eae 12.\RK.S .'.l>J:I> ReereatteB 9e11art111e8t a8elar ithiB Eegle\· aae ~ a :PNsleee. ttJ198 a1111re iH ef the a1111re11r1atie8e ey Git) GeH11eiA a8e ift aeeerea8ee with sta8eare aemiftistrali"'e 11reeea1H'e e ef the Git). ma; 111ake liietrieHtie8e ef 111eeme a8e eePJIH8 Hlr the ene!Het e Hee 1188 ee8efit ef the E8gie eee 12,YlK.S Al>© Reereatie8 9e11art111e11t 88eler mithi11 l!:11gle\. eae park&, 4 . The costs of servicing the Trust Fund s hall be approved by City Cou ncil as a n expense of the Trus t Fund. 5 . The trustees s hall have s uch other powe r as is necessary to carry out the purpose of the Trust. 6 . The Trust Fund shall be managed in accordance with the applicable requirements of the Home Rule Charter, ordinances of the City a nd State Finance Law. 7 . The Trust Fund may be terminated by City Council : however, a ny fund s in the Trust Fund shall be distributed exclusively for the purpose of the Englewood PARKS AND Recreation Depanment and/or within Englewood parks . G8a•il11Mie11111 ta tee E111le 88& Parka 888 R.eereaMa11 FaH11eatie11 TrHBl FHne te ee 'PM 9ea!Mllillle. Gifts, bequests, grants, donations, contributions and devises of property made exclusively for the public purpose herein described are considered ... aea!Mllillle CHARITABLE CONTRIBUTIONS under the Internal Revenue Code and the laws of the State of Colorado . 14 • 0 I • 0 • ,, ~ ,,-- • . • ..... ., • -' Sectjon 26, Title 4, Chapter 3, Section 5 · SPECUL SURPLUS AND DEFICIENCY FUND , Subsection A, Englewood Municipal Code 1985 . is hereby amended as follows : A. Preliminary Special Improvement District Expenditures. Prior to the legal formation of any special improvement district and the issuance of special improvement district bonds therefor , the Ehreeler ef Fifta11ee CITY is hereby authorized to pay all necessary administrative . engineering or other costs incurred preliminary to the creation of any s uch distnct from the fund s standing to the credit of the Special Surplus and Deficiency Fund of the City , established by section 108 of the Charter of the City . Section 27,. Title 4, Chapter 3, Section 6 -SPECIAL REVE NU E HO "SING AUTHORITY FUND, Englewood Municipal Code 1985 , is hereby amended as follow s: This Fund shall be used to receive monies from all so urces for and on behalf of the City Housing Authority and expended for authorized purposes of said H ousing Authority. A. Monies from all sources shall be credited to the Fund and the I>e11aRme11t ef FiftB!leial Sero ieee CITY shall maintain a proper system of accounting to adequately fulfill the requirements of any city , state, or federa l law for the existence of such Fund. B. Expenditures from the said special Fund may be made upon written authorization from the proper officer of the Housing Authority as directed by such Housing Authority . Section 28, Title 4, Chapter 3, Section 9 -MALLEY CENTER TRUST FUND , Subsection C, Paragraph 1. Englewood Municipal Code 1985 , is hereby amended as follows : C. l. The I>i:reeler ef Fi11a11eial Serootees , e11 stfteie Cit) Treas~er, CITY shall manage the day-to-day investment policy of the Trust Fund. Sectjon 29, Title 4, Chapter 4, Section 2 -DEFINITIONS , Englewood Municipal Code 1985, is hereby amended to delete and insert the following definitions: I>IRECTQR QF FIJ>IAJ>ICW. SERltlCl':S QR I>IRECWR: PARK: The I>iPeeter ef Fifta11eial Sepytees shhe Cit) sf E11gle .. eea er sweh ether 11eree11 aesig11atea ii) the )hftiei11ality ; "I>i:reeter ef Fina11eial Serooteee " shall alee iftelwae sweh 11erse11's ~- 15 PARK SHALL INCLUDE ANY AREA USED AS A PARK, RESERVATION , PLAYGROUND , BEACH , BALLFIELD , SHELTER HOUSE , OR ANY OTHER AREA OWNED AND USED BY THE CITY AND DEVOTED OR DESIGNATED TO ACTIVE OR PASSIVE RECREATION, . ., • 0 I • 0 ( • • -------------------------.. --------------------------- • • - EITHER ON A TEMPORARY OR PER!\IA.~E~T BASIS . Section 30. Title 4, Chapter 4, Section 4 · SALES TAX lMPO SED . ubs ct1o n 3 . EXEMPTIONS TO SALES TAX . Paragraph C. Englewood !\lumc1pa1 Code 19 5, is he r eby a mended as follows : C. Burden of Providing Exemptions: Dispute : The burd n of proo f that any retail er 1s exempt from collecting a tax upon any goods so ld a nd paying the same to the E>weeMP af fiReeeiel Sero<iees CITY . or from makmg return fo r the same . s hall be on the retailer under such reasonable requirements of proo f as the ~ CITY may prescribe . Should a dispute a nse between a ny purchaser a nd se ller as to whether or not any retail sale is exempt from taxat10n hereunder. the sell er s h all. nevertheless . collect and the purchaser s hall pay s uch tax: a nd the seller shall thereupon issue to the purchaser a receipt. or certificate. on forms prescribed by the~ CITY to determine the question of exemption . In a ny case wher e t he Ci t y refunds any taxes, it may collect from the r etatl er the a mount of taxes r etamed by him/her as a fee which is attnbutable to the transact10n. Sectjon 31. Title 4, Chapter 4, Section 4, Subsection 5 · ITINERANT VE~DORS : BO:S.'D REQ UlREMENTS, Englewood :'vlunic1pal Co de 1985. 1s hereby a me nd ed as follo ws : Any retailer who does not intend to be actively engaged in selling for a pen od greater than three (3) consecutive months , shall. prior to obt.aming said license. deposit with the E>iree,er ef FtRBReiel Semees CITY , a cash or surety bond m the amount of SLxty dollars ($60.00) for the benefit of the City , in s uch form as may be approved by the eeiEi E>ifeeter CITY. which bond shall be conditioned upon and security for the payment of the retail sales taxes due or to become due . Such retailers shall make reports of the amount of taxes collected. shall pay the same to the City upon such forms and at s uch times as t he ~ sf FiReee11H Sero<ieee CITY may require. Any failure to make such report or to pay any tax due at the time specified shall cause an immediate s uspension to the licen se a nd the forfeiture of the bond posted. Sectjon 32. Title 4, Chapter 4. Section 4, Subsection 6 · BOOKS AND RECORDS KEPT. Engle wood ~urucipal Code 1985 , is hereby amended as follows : It s hall be the duty of every person required by the provision s of Section 4--1--1--1 to obtai n a sales tax license, to keep and preserve suitable records of all sales made by him/her , a nd s uch other books or accounts as may be neces sary to determine the amount of tax for the collection of wluch he/she is liable for a period of three (3) years all invoices of goo d s a nd merchandise purchased for resale, and all such books , invoices and other r eco rd s s hall be open for examination at any time by the E>ifeeter ef fiReReiel Sero·,eee CITY PERSONNEL. Section 33. Title 4, Chapter 4, Section 5, Subsection 3 -PAYMENT AND CO LLE CTION OF USE TA.X , Englewood Municipal Code 1985 . 1s hereby amended as follows : A. Payment of Tax: 16 • • f I • 0 - • • -• .. • /" . • ; .. • -' ... l. All pe r son s who are r equired to obtain a sales tax li ce n se purs u a nt to the provisions of Section 4-4--1-4 s hall include within t h e r eturn r equu-ed to be filed. pursuant to t he provision s of Section -t--t --t-i , s uch in fo rmation as m ay be requu-ed by the OiPeeter ef FmaReial SerRees CITY as m ay e n able ~ IT accurately to co mpute the amount of use tax due fr om said retailer fo r purchases m ade by s uch retaile r fo r which a use tax is due during t he peri od for which s u ch return 1s filed . 2 . All other persons s h a ll pay to the~ CITY the amount of a n y tax d ue unde r the provisio ns of Section 4--t-5-3, not later tha n fifteen (15) days afte r t h e date t hat said tax beco mes due . B. P aym e n t a nd Collect10 n on Specific Ite ms: The fo llowin g s pecial p rovmons hall apply to t he paym ent of a ny use tax due on t h e u se. co n s umption or s t orage of the foll owrng item : l. '.\1otor Ve hi cle a nd Trailers: Any perso ns who s h all purchase a n y mot or vehicle. trat.l e r or e m1-tr atler . whether ne w or u sed , outside the City , with t he intent to r egister t he same at an address inside the City , s h a ll 1mmed.Jately . and pnor to registerin g a nd o btainin g license plates therefor, m ake a r eturn h owing u ch tra nsaction to the Oiree£er e f FiRBRe1al Ser'lees CITY a nd pay to ~ THE CITY the use tax a ppbca bl e the r eto as provided in s u bsection A h e r eof. 2 . Building Matenals a nd Supplies: Any p e r so n who does n ot ma inta in a permanent place of business within the boundaries of the City a nd who s h a ll but.Id . co n s truct or 1mprove a ny butlding. dwelling or other structure or improve m e n t to realt y whatsoeve r within the City s hall , upon application for a building permit, pa y as a de p os it for payme nt of the tax levie d by Section -t--t -5- 1 a n am ount e qual to t hree and one -half percent (3.5%) of fifty pe rcent (50%) of t h e estimated cost of t h e improvement. or three a nd one-half percent (3.5%) of fifty percent (50%) of the total co ntract price. if the r e is a contract fo r t he but.ldmg co n struction or rmprove m e nt: provide d . h owever, that if the es uma t ed cost of the 1m p r0\·e me nt or the total co ntract price is in e xce ss of two hundred thou sand doll a r (S2 00 ,000.00) the !;hreeter . m fti sth e r CITY . AT ITS discr e t io n a nd upon apphcauon to ~ IT , may a uthori ze a waive r of said depos it a nd accept t he p ay me nt of sa id tax on a monthly , quarterly or othe r bas is . based upon actu al purchases of mate ria ls , s upplies a nd equipme nt for whi ch s uch tax may be due . s ubi ect to s uch rules a nd regulation s as the said~ CITY may adopt. In all cases where the de posi t re quire d by the provisio n s of this Section is made. tf it is determined at the time of the completion of the building, dwelling or other s tructure of improveme nt from the invoices a nd stat e me nts re fl ecting the purchase therefor . t h at t h e deposit made as he rein r equu-ed , together with t he actual payments of the Ci t y as a s ales tax. is i n exc ess of the actual tax due therefor. the perso n making s aid dep os it or paying said tax may make application to the Qiree"8r ef FiftaRe1.al eer ie es CI TY for refund of a n y amount paid in excess of the actu a l taxe due. in which eve nt 1t s hall be the duty of the person making s u ch app li cat io n to furnis h all necessary bill s and invoices evidencing over-pay me nt of the tax , a nd . if the said ~ CITY is satisfied that there has bee n s uch overp ay me nt, ftE! IT s h a ll refund s uch overpay ment to t he taxpaye r . 17 • ' C ) I • 0 - ( • • • .. ,. ,-. • • -' C. Co n struct10 n eq uipment which 1s located w ith i n t he bou n danes of the City fo r a period of m or e than thirty (30) co nsecutive d ays s haU be s ubJ cted to the full ap plica bl e u se tax of the City . D. With res pect to transaction s co ns ummated on or after January I. 19 6 . co n s truction eq uipment whi ch 1s loc ated within the bou n dari es of the City fo r a penod of thirty /30) consecutive days or less shaU be subJected to the C1t~.-s use tax in an amount which do es n ot e xceed the a mount calculated as follo w : th e purch ase price of the e quipme n t s h a ll be multiplied by a fra cti on . the nume rato r of which is one a nd t he denom10 ato r ofwlu ch is t weh·e (1112). a n d the re s ult s h aU be multiplied by three a nd one-half pe r ce nt (3 .5%). E. Where the provisio n s of s ubsection D of t his Section a re utilized . the credn provision s of s ubs ection 4-4-5-2B s h a ll a pply a t s uch ti me as t he aggregate s ales and u se taxes legally imposed by and paid to othe r s tatutory and hom e rul e municipalities on a n y s u ch equipment equal t hree a n d on e -half p e rce nt (3 .5%). F . G . In order t o avail himself of the provis10n s of s u bsection D ta:,.-p ayer shall co mply with the fo ll ow10g proced ure : of this ct 1011 . the I. Prior to or on the date the e quipment 1s located wtthrn the bo unda n es of he City , the ta:..-payer s haU file with the Ciey ·s F1RaRe1al Se , 1ee Oe13a Ft m eRt ITY a n e quipm e nt declaration on a fo rm proVIded by the City u ch decla r a n o n s hall s tate t h e d a t es on whi ch t h e taxpaye r anticipates the eq uipm e nt will be loca t e d within a nd r e moved from the boundane of the City . hall m cl ude description of each s uch ; a nt1 c1pated piece of equipment. hall stat e the a c uaJ or a nticipated purchase price of each s uch ; a n tici pated piece of equipment. a nd s h all include u ch othe r LOfo rmation as r easonably deeme d neces ary by t he City. 2 . The taxpayer s h a U file with the Ci t y a n a m e n ded e quipment decla ra ti on reflec ting a ny changes m the mformat1 on co n tained 10 a n y pre v10 t! e quipment declar ation n o less than once every nrnety (90) days after the equipment 1s b ro ught mto the bo unda r ies of the Ci t y or , fo r e quipme n t whi ch I br o ught mto the bo undaries of the City fo r a p r oject of le ss t h a n ninety (90) da ·s · duratton . n o later t h a n ten (10) days afte r s u bst a n tial co mpleti on of the p roiect. 3 . The taxpaye r need n ot repo r t on a n y eq uipm e nt declar ation any eq wpme nt fo r which the purchase p rice wa s unde r two thousand five hundred do!Jars ($2 ,500.00). If the e quipme nt declar ation is give n as provid ed 10 s u bsect10 n F of tins Secti on . then as to any item of co nstruction equipmen t fo r which the c ustomar y pu r cha se price is under two thousand fiv e hundred dollars ($2.500 .00) whi ch was b ro ught into the boundaries of the City temporarily fo r use on a co n struction p roiect, it shall be pres umed that the item was purch ased in a Jur, diction hav 10 g a loca l sales or use taxes as high as three a nd on e -h a lf pe r ce n t (3.5%) a nd t ha t s uch local sales or use tax was previously paid . In s u ch case t h e b urde n of proof in a n y proceeding before the City, the Executive Di.rector of t h e Departme nt of Reve nue . or the Distnct Court, shall be on the City to p rove s uch loca l sales or use tax was not paid . 18 • I • 0 • • • .. ,. .,,--. • ·,· • - .. H. If the taxpayer fail s to co mply with the provisions of sub section F of this Section. the taxpayer may not avail Jum self of the provi sions of subsection D of this Sect10n and shall be subject to the provi sion s of sub section C of this Section . Howe ver. s ubstantial compliance with the provisio ns of subsection F of this Section s hall allow the taxpayer to avail himself of t he provis ions of subsection D of this Section . Section 34. Title 4, Chapter 4, Section 7 · TAX INFORMATION CONF IDENTIAL, Englewood Municipal Code 1985, is hereby amended as follows: A. Except in accordance with judicial order. or as otherwise here m pro,;ded. the 1ty shall not divulge any information gained fr om any r eturn filed or as a result of any investigation or hearing held pursuant to the provi sions of this Ch apter . B. Nothing contained in tlus Section s ha ll be co nstrued to prohibit: l. The delivery to a person, or to hi s duly a uthonzed r ep r esentauve. of a co py of any return filed in connection with hi s tax : 2. The publication of statistics so cl assifi ed as to prevent t he 1d enu.fica t1 on of particular reports or returns and the ite ms thereof: 3. The inspection by the City Attorney, or any other legal r e pre se ntative of the City , of the return or other information r e lating to a ny taxpayer wh o m ay become involved in litigation with the City in which t he said information may become material. C Reports and returns shall be preserved for three (3) years a nd thereafter until the Difoeet.er ef Fi-Baaei&l Sero iees CITY CLERK. with the approval of the Cit) Haaager STATE ARCHIVIST, s hall order them destroyed . Section 35 . Title 4. Chapter -1 . Section 8 · ESTIMATED TAXES Al\'D ASSESSMENT THEREOF, Englewood Mumcipal Code 1985, is hereby a mended as follows : A . B . With res pect to transactions consummated before January I . 1986 , if a ny perso n ne glects or refuses to make a return for , or payment of any of the taxes levied by this Chapter when the same become due , the DiPeeteP ef FiR&Rei&l Sero·iees CITY s hall , at so me date subsequent to fifteen (15) days after the date for the making of s uch return or the payment of such ta.,ce s, give writte n notice to the person res ponsible for making said return or paying said taxes or the Ja ck of the filing of s uch return or pay ment of s aid taxes. which notice shall notify the taxpayer, or other person responsible fort he return of the tax. that the same must be paid within fifteen (15) days from the date of the rece ipt of said notice . If the return is not filed , or the taxes are not paid , w1thm fifte en (15) days after receipt of said notice , the~ CITY may make an estimate . based upon such information as may be available to him , of the amount of taxes due for the period or periods for which taxpayer is delinquent and shall add thereto a penalty in an amount equal to ten percent (10%) of said estimated tax , together with interest on said estimated tax at the rate of one percent (I %) per month from the due date thereof, and may assess said amount agamst the delrnquent taxpayer by giving said taxpayer written notice thereof, which notice s hall require the ta.,cpayer either 19 • .. 0 I • 0 - ( • .. ~ .,,,--·· • I-... ... • -' to pay the amount assessed by the~ CITY or to petition him for a correct10n of said estimate within a period of twenty (2 0) day s thereafter. Any s uch petition for correction shall be in writing and any facts or figures in s upport. thereof s hall be submitted upon the oath of the taxpayer. The~ CITY s hall co n s ider the matters submitted by the taxpayer and s hall ma ke a decision as t o the proper amount of taxes, penalty and interest due, wluch decis ion s h all be final and binding, except as modified by State statutes. The time period set forth in this Section may, in the absolute discretion of the DiPeeter ef fifleftee CITY . be waive d for good ca use on written application of a vendor or taxpayer. C. With respect to transaction s co n s ummated on or after January I , 1986: l. If a person neglects or r e fuses to make a return tn pay ment of the sales tax or to pay any tax when the same becomes due. the Direeter efFiR&Reiel SeFqees CITY shall, at some date subsequent to fifteen (15) days after the date fo r the malting of such return or the payment of such taxes. mak e a n estim ate , based upon such information as may be available, of the amount of taxes due fo r the period for which the taxpayer is delinquent and s hall add thereto a penalty equal to the s um of fifteen dollars ($15 .00) for s uch failure t o ten percent ( 10%) thereof and interest on such delinquent taxes at the rate imposed under s ubsection C3 of this Section plus one-half of one p er cent (.5%) per month fr om the date when due, not exceeding eighteen percent (18%) in the aggregate . 2. If a person neglects or refuses to make a return m payment of the use tax or to pay any tax as required , the tffl'eeteP CITY sh all make an estimate. based upon such information as may be available. of the amount of taxes due for the penod for which the taxpayer is delinquent and shall add thereto a penalty e qual to ten percent (10%) thereof and inte rest on s uch delinquent taxes at the rate imposed under subsection C3 of this Section, plus one-half of on e percent (.5%) per month from the date when due . 3 . The annual rate of interest on delinquent taxes unde r subsections CJ and C2 above shall be that established by the State Co mmissio ner of Banking pursuant to section 39-21-110.5. C .R.S. Section 36. Title 4 , Chapter 4 , Section 9 -SALE OF STOCK OR Q UITTING B US INESS. Englewood Municipal Code 1985, is hereby amended as follows : A. B . Any retailer who shall sell o ut of !us busmess or stock of goods or who s hall quit business, shall be required to prepare and fil e a sales tax and use tax return as provided in this Chapter within fifteen (15) days s ubsequent to the date of the completion of said sale , or the quitting of bus iness and the purchaser thereof, if any, shall be required to withhold sufficient of the purchase money to co ve r the amount of said tax due and unpaid, until such time as the said retailer s hall produce a receipt from the DiPeetaP CITY showing that all s uch taxes h ave been paid and that no further taxes are due . If the purchaser of a business or stock of goods shall fail to withhold the purchase money as above provided. and the tax shall be due and unpaid after the fifteen-(15) day period allowed, such purchaser shall be personally liable for the payment of the 20 • ' ) I • 0 • • .. " ,,-·· • • -' taxes unpaid by the former ow ner and the liens created by Section 4-4-14 shall immediately attach t o t h e personal property so purchased; provided . however. that the retailer so selling or quitting business hall not be relieved in a ny manne r of his liability for payment of any of slll d taxes due . Section 37. Title 4, Chapter 4. Section 10 · DEFI CIENCY NOTICES AND REFUNDS. Englewood Municipal Code 1985, is hereby amended as follow s: A. Refund Procedure. B. l. A refund shall be made or credit allowed for a ny tax paid under protest by a ny purchaser or user who has. or claims to have , a n exe mption as in this Ch a pte r provided . Such refund shall be made by the ~ CITY after co mpli a nce with the following co nditions precedent: a . Application. Applications for r efund must be made w1thm ninety (90) day s after the purchase or u se of the goods on which the exe mption 1s claimed. a nd must be supp orted by the affida\'lt of the purchaser or use r accompanied by the origin a l paid mv o1ce or ales rece ip t a nd a ce rtificate issued by the se ller, together with such furth er m fo rm ation as may be r eq ue sted by the~ CITY . b . With res pect to transaction s co ns umm ated on or afte r Janua ry !, 19 6 . a n a pplication for refund of sales or use tax paid under dispute by a purchaser or user who claim s an exe mption purs uant to t.ru h apter shall be made within si.xty (60) days after the purcha e , storage . use or consumption of the goods or se l'Vlces wh e r eo n a n exemption 1s clai med . c. With re s pect to transactions consummated on or after January 1. 19 6 . an application for refund of tax monies paid m e rror or by mi stake. shall be made within three (3) years after the date of pu r cha se. st or age , use or consumption of the goorls for wluch the r e fund is cla im ed . The refunded amount will be net of any ve ndor fe e retained a nd wtll not accrue interest. 2. Decisions . Upon re cei pt of s uch application and acco mp a n ym g information . t h e Director CITY shall examme the s ame with a ll due s peed and s ha ll give noti ce to the applicant by an ord er m writing of me ITS decision thereon . 3 . Hearing. An a ggrieved a pplica nt may, within twenty (20) days a fter s uch decision is mailed to him . petition the~ CITY for a hearing on the claim in which case the~ CITY shall , up on due notice to the a pplica nt. h old a hearing upon such applications, taking such information or evi d enc e as m ay be material, and shall . thereafter , render me ITS final decisio n upon such a pplication, which decision shall be fmal. Deficiency Notice or Refunds . l. With respect to transactions consummated on or after January 1, 1986 , in lieu of the procedure provided for in subsection Al above. the taxpayer may elect a hearing of the Diree,ere CITY'S final deci s ion on a deficiency notice or claim for refund pursuant to procedure set forth in this Section. 21 • 0 I • 0 • • • • - a. As used in this Section , ·'State hearmg·· means a hearing before the Executive Director of the Department of Re\"enue or delegate thereof as provided in sect10n 29-2-106. I (3), C.R.S . b . When the City asserts that ales or u e taxes are due m a n amo unt greater than the amount paid by a taxpayer . the City hall mail a deficiency notice to the taxpayer by certified mail. The deficiency noti ce shall state the additional sales and use taxes due . The deficiency notice shall contain notification . m clear and conspicuous typ e , that the taxpayer has the right to elect a State hearing on the deficiency pursuant to secuon 29-2-106 . I (3), C.R.S. The taxpayer hall also have the right to elect a State hearmg on the City's denial of s uch taxpayer ·s claim for a refund of sale s or use tax paid. c. The taxpayer shall request the State hearmg within thirty (30) d ays after the taxpayer's exhaustion of local remedies . The taxpaye r hall have no right to such hearmg if he has not exhausted local remedies or if he fails to request s uch hearing within the time period provided . For purposes of this s ubsection . ··ex haustion of local remedies ·· means : (1) The taxpayer has timely requested in writmg a hearing before the City and the City has held s uch hearing and iss ued a final decision thereon. Such hearing shall be informal a nd no transcript. rules of evidence. or filing of briefs shall be required ; but the taxpayer may elect to submit a bnef. m which case the City may submit a brief. The City s hall hold such hearing and issue the final decision thereon with.in ninety (90) days after the City's receipt of the taiqiayer"s wntten request therefor, except the City may extend such period if the delay in holding the hearing or iss uing the decision thereon was occasioned by the taxpayer, but. in a ny such event, the City s hall hold such hearing and issue the decision thereon within one hundred eighty (180) days of the taxpayer's request in writmg therefor; or (2) The taxpayer has timely requested in writing a hearing before the City and the City has failed to hold s uch hearing or has failed to issue a final decision thereon within the ttme periods prescribed in subsection B le(l ) of this Section. d . If a taxpayer has exhausted his/her local remedie as provided in subsection B le ofthis Section , the taxpayer may request a State hearing on such deficiency notice or clatm for refund, and s uch request shall be made and such hearing shall be conducted in the same manner as set forth in section 29-2-106 .1(3) through (7), C.R.S . e. Iftbe deficiency notice or claim for refund involves only the City, in lieu of requesting a State hearing, the taxpayer may appeal such deficiency or denial of a claim for refund to the District Court of the County of Arapahoe as provided in section 29-2-106.1(8), C .R.S ., provided the taxpayer complies with the procedures set forth in subsection B le of this Section. 22 • ., 0 I • 0 • • • -· • • - f. Nothing in this Section shall prohibit the ta:x11ayer from pursuing judicial review of a final decision of the City as otherwise pro,'ided in this Chapter. 2 . With respect to transactions consummated on or after January 1, 1986 . within fifteen (15) days after filing a notice of appeal as provided in subsecnon B le of this Section. the taxpayer shall file with the District Court a surety bond in twice the amount of the taxes. interest. and other charges stated in the final decision by the ~ CITY which are contested on appeal. The taxpayer may , at his/her option , satisfy the surety bond requirement by a sav1Dgs account or deposit in or a certificate of depos it issued by a State or national bank or by a State or Federal savings and loan association . in accordance with the provisions of section 11-35-101(1 ), C.R.S., equal to twice the amount of the taxes , interest, and other charges stated in the final decision by the ~ CITY. 3 . The taxpayer may, at his/her option . deposit the disputed amount with the ~ CITY in lieu ofpost1Dg a s urety bond . If s uch amount is so deposited . no further interest hall accrue on the deficiency co ntested during the pendency of the action . At the conclusion of the action . after appeal to the Supreme Co urt or the Co urt of Appeals or after the time for s uch appeal ha s expired . the fund s depos ited hall be . at the direction of the Court. e ither retained by the~ CITY and applied against the deficiency or returned ID wh ole or in part to t h e taxpayer with interest at the rate imposed purs uant to s ubsection .J-.J-8C3 of this Chapter. No claim for refund of amounts deposited with the Director n eed be made by the taxpayer in order for s uch amounts to be repaid ID a cc ordance with the direction of the Court. 4. Any person claiming to have paid a tax for the purchase or use of tangible personal property in excess of the rates established by this Chapter. may apply for a refund of said excess in the manner prescribed above. 5. Refund Not Assignable: The right of any person to a refund under this Chapter s hall not be assignable , and application for refund must be made by the same person who purchased or used the goods and who paid the tax thereon. as shown by the invoice of the sale thereof or other appropriate docum ent. 6. The~ CITY MANAGER OR DESIGNEE shall have the authonty to waive part or all of any penalty and/or interest assessed if the circumstances deem s uch . Sectjon 38. Title 4. Chapter 4 . Section 11 -EXAMINATIONS OF RET RNS : REF l\'DS . DEFICIENCIES. Englewood Municipal Code 1985, is amended as follow : As soon as practicable after any sales or use tax return is filed , the~ C ITY s hall examme it. and 1f it then appears that the correct amount of tax to be remitted 1s greater or less than that s hown m the return . the tax shall be recomputed. If the amount paid exceeds that which is due , the excess s hall be refunded or cr edited against any subsequent remittance from the same taxpayer. If the amount paid is less than the amount due, the difference , together with interest thereon at the rate of one percent (1%) per month from the time the return was due . s hall 23 • ) I • 0 • • • _ .. -. • ·,· .. • - be paid by the vendor within fifteen (15) days afier written notice a nd de mand to him from the~CITY. With respect to returns filed on or after January 1, 1986 . the annual rate of interest on delinquent taxes shall be that established by the State Commiss10ner of Ba nking pursuant to section 35-21-110.5 , C.R.S . Section 39. Title 4, Chapter 4 . Section 12 · INVESTIGATION OF RETAILER'S BOOKS , Englewood Municipal Code 1985, 1s hereby amended as fo ll ows: A. For the purpose of ascertaining the correctness of a return. or for the purpose of determining the amount of tax due from any taxpayer, the~ CITY MA?\AGER OR DESIGNEE may hold investigations and hearings co nc e rning a n y matters covered by this Chapter and may examine any releva nt books. pa per s. records or memoranda of any s uch person , requiring the attendance of such taxpayer or any officer or employee of s uch taxpaye r . or of any person havin g knowledge of such sales and taking such t estimony and proo f as m ay be necessar y to properly ascertain any tax liability . The~ CITY shall h ave powe r t o administer oaths to any person in the course of s u ch in,·estigations or h earing. B. Coordinated Audit Procedures . 1. Coordinated Audit. a . Any taxpayer licensed in this City purs uant to this Chapter of the Englewood Murucipal Code 1985 , and holding a si milar sales tax li ce n se in at least four (4) other Colorado munic1palit1e s that admim~te r their own sales ta.x collection , may reque st a coordinated audit as provi d e d he r e in . b. With fourteen (14 ) days of re ce ipt of notice of a n intended a udit by a ny municipality that administers its own sales tax collec tio n . the taxpaye r may provide the Qiree,er ef FiR11Re111i eeP"'leee ehh.ie CITY . by ce rtifi ed mail . return receipt reque sted, a wntten request for a coordinated audit indicating the muruc1pality from whi ch the notice of intended audit was received and the name of the official who issued s uch notice . Such r equest shall include a list of those Colorado muruc1 palities utilizing local collection of their sales tax in which the taxpayer holds a current sales tax license and a declaration that the taxpaye r will s ign waiver of any passage-of-time base limited upon this City's right to recove r tax owe d by the vendor fo r the audit period . c. Except as provided in subsection 4-4-12Blg, any taxpayer that submits a complete request for a coordinated audit and promptly s igns a waiver of Section 4-4-17 of this Chapter, may be audited by this City during the twelve (12) months afier such request is submitted only through a coordinated audit involving all municipalities electing to participate in such an audit. d. If this City desires to participate in the audit of a taxpayer that submits a t'Omplete request for a coordinated audit pursuant to subsection B le of this Section. the QiPeeier ef FiReReiel eeP"<iees CITY shall so notify the ~ e{ Fiftafleial eel'Yieee ehhe municipality whose notice of audit prompted 24 I • 0 • • ------------------------.. ------------------------------ 2. • • I • • • -.. the taxpayer's request witlun ten (10) days after receipt of the taxpayer's reque st for a coordinated audit. The Elweeter ef Fiaeaeiel Sel'Yiees CITY shall then cooperate with other -participating municipalities in the development of arrangements for the coordinated audit. including arrangements of the time during which the coordinated audit. including arrangements of the time during which the coordinated a udit will be conducted , the period of time to be covered by the audit. and a coordinated notice to the taxpayer of those records mo st likely to be required for completion of the coordinated audit. e. If the taxpayer's request for an audit was in response to a notice of audit issued by this City , this Cily 'e Elweeter ef Fifteaeiel SeP" iee s CITY shall facilitate arrangements between ~ IT and other municipalities participating in the coordinated a udit unless a nd until an official from some other participating municipality agrees to assume this responsibility . The Elireeter ef Fiaeaeiel SeP¥ieea C ITY s h all cooperate with other participating municipalities to , whe never practicable , minimize the number of auditors that will be present fo r a coordinated audit was in response to a notice of a udit issued by th1 City, on the taxpayer's premises to conduct the coo rdinated a udit on behalf of the participating municipalities . Inform ation obtained by or on behalf of those municipalities participating m the coo rdmated audit may be shared only a mong s uch participating muruc1palmes . f. If the taxpayer's request for a coordinated a udit was in r esponse t o a notice of audit issued by this City , this Cit, 's Elweeler ef Fiaeaeiel 8eP¥iees CITY shall, once arrangements for the coordinated audit between~ IT and other participating municipalities a re completed. provide written notice to the taxpayer of which municipalities will be participating, the period to be audited and the records most likely to be required by participating municipalities for completion of the coordinated audit. The Elireeler ef Fiaeaeiel SeP"<'ieee CITY shall also propose a schedule for the coordinated audit. g. The coordinated audit procedure set forth m this Section s hall not apply : (1 ) When the proposed audit 1s a jeopardy audit, (2) To a udits for which a notice of audit was given prior to t he effective date of this Section . (3) When a taxpayer refuses to promptly sign a waiver of Section 4-4-17 of this Code , or (4) When a taxpayer fails to provide a timely and complete request for a coordinated audit as provided in subsection Bl b of this Section . Intercity Claims for Recovery . a. Claims for Recovery . The intent of this Section is to streamline and standardize procedures related to situations where tax has been remitted to the incorrect municipality . It is not intended to reduce or 25 ., 0 I • 0 J- • • .. " ;-·• • .. .. • -.. eliminate the responsibilities of the taxpayer or vendor to correctly pay , collect. and remit sales and use taxes to the City. b . As used herein , "claim for recovery" means a claim for reimburse ment of sales and use ta.,ces paid to the wrong taxing jurisdiction. c. When it is determined by the E>i¥eeter ef FiHaHeial eeR iees ef tite City that sales and use tax owed to the City has been reported and paid to another municipality, the City shall promptly notify the vendor that the taxes are being improperly collected and remitted. and that as of the date of the notice the vendor must cease improper tax collections and remittances . d. The City may make a written claim for recovery directly to the municipality that received tax and/or penalty a nd interes t owed to the City or, in the alternative, may institute proce dures for co llection of the tax from the taxpayer or vendor. The decision to make a claim fo r recovery lies in the sole discretion of the City . Any claim fo r reco,·e ry shall include a properly executed release of claim from the taxpayer and/or vendor releasing its claim to the taxes paid to t he wrong municipality , evidence to substantiate the claim . a nd a reques t that the municipality approve or deny in whole or in part. the claim withm ninety (90) days of its receipt. The municipality to wluch the City submits a claim for recovery may , for good cause, request a n e xte n s ion of time to investigate the claim , and approval of s uch e xtensio n by the City shall not be unreasonably withheld. e. Within ninety (90) days after receipt of a claim for r ecove ry . the C ity shall verify to its satisfaction whether or not all or a portion of the tax claimed was improperly received . and shall notify the m unic1pality submitting the claim in writing that the claim is eith er approved or denied in whole or in part, including the reasons for the decision . If the claim is approved in whole or in part, the City shall remit the undisputed amount to the municipality submitting the claim within thirty (30) days of approval. If a claim is submitted jointly by a municipality and a vendor or taxpayer. the check shall be made to the parties jomtly. Denial of a claim for recovery may only be made fo r good cause. f. The City may deny a claim on the grounds that it has previously paid a claim for recovery arising out of an a udit of the same taxpayer . g. The period subject to a claim for recovery s hall be limited to the thirty-six (36) month period prior to the date the municipality that was wrongly paid the tax receives the claim for recovery . Section 40, Title 4, Chapter 4, Section 13 · CONDUCT OF HEARINGS, Englewood Municipal Code 1985, is hereby amended as follows: A. Subpoenas and Witness Fees. All subpoenas issued under the terms of this Chapter may be served by any person of full age. The fees of witnesses for attendance and trial shall be the same as the fees of witnesses before the District 26 • ' ' ., ' ' • ) I • 0 • • -• .. .,,.-. • • - Co urt. such fees to be prud when the witness is excused from further attendance. When the witness is s ubpoenaed at the ins istence of the~ CITY , s uch fees s hall be paid in the same manner as other expenses under the terms of tlus Chapter, a nd when a witness is s ubpoenaed a t the insistence of any party to a ny s uch proceeding, the~ CITY may require that the cost of se rvice of the s ubpoena and the fee of the witness be borne by the party at who se insistence the witness is s ummoned. In such case the ~ CITY, in fttS ITS discretion. may require a deposit to cover the cost of such service and witness fee . A s ubpoe na issued as aforesaid shall be served in the same manner as a s ubp oe na issued out of a court of record . B. Judge Compels Attendance. Any judge of the Di strict Co urt of the Eighteenth Judicial District of the State of Colorado. either in term time or vacation. upon the a pplication of the~ CITY, may co mpe l the attend a nce of witn esses . the production of books. papers, records or memoranda and the givmg of testimony before the~ CITY or any offttl! ITS duly a uthorized agents. by a n attachme nt for contempt , or otherwise , in the sam e manne r as product10n of eV1 de nce may be compelled before said Court. Section 41. Title -1 , Chapter 4. Section 15 -ENFORCEMENT OF TAXE S A:-.TI FORE CLOS URE OF LIENS , Englewood Municipal Code 1985. is he r eby a mend ed as follow s: A. If any taxes, penalty or interest imposed by this Chapter a nd shown due by r eturns filed by the taxpayer. or as shown by assessment duly made as provided he rein , ar e not paid withm fifteen (15) day s after the same are due. the~ CITY s ha ll is s ue a warrant under ftt8 ITS official seal directed to any duly authorized revenue co llector, or to the sheriff of any county in this State commanding him to levy upon . seize and sell s ufficient personal property of the tax debtor which is s ubject to the liens created by Section 4-4-14 found within his co unty for the payment of the amount due , together with interest , penalties and costs. B . C. Simultaneously with the issuance of said warrant, the ~ CITY s hall iss ue a notice of tax lien , setting forth the name of the taxpayer. the amount of the tax. penalties . interest and costs , the date of the accrual thereof, and tha t the City claim s a fir st a nd prior lien therefor on the tangible pe r so nal property of the taxpayer s ubj ect to said liens . Such notice s hall be on forms prepared by the~ CITY , sha ll be verified~ him and s hall be filed in the office of the clerk and recorder of any co unty in this State in which the taxpayer owns tangible personal property s ubject to said liens . D. Upon the filing of said notice of lien. the e ffective date of said li e n shall rel ate back to the date of the first taxable transaction for which any tax is due. Sectjon 42. Title 4, Chapter 4, Section 17 -LJl\,[ITATIONS , Englewood Municipal Code 1985 , is hereby amended as follows : A. The taxes for any period, together with interest thereon and penalties with respect thereto, imposed by this Chapter shall not be assessed, nor shall any notice of lien be filed , or distraint warrant be issued, or suit for collection be instituted. or any 27 • I • 0 • • • .. ~ .,.... • .•. • -' other action to collect the same be co mmenced more than three (3) years after the date on which the tax wa s or 1s payable. Nor s hall a ny lien co ntinue after such period, except for taxes assessed before the expiration of s uch period. notice of lien with respect to which has been filed prior to the e xpiration of s uch period: in which cases such lien s hall co ntinue only for one year after the filing of n otice thereof. B. In the case of a false or fraudulent return with intent to evade tax , the tax. together with interest and penalties thereon may be assessed. or proceedings fo r the collection of s uch taxes may be begun at any time. C. Before the e xpiration of s uch per1od of limitation. the taxpayer and the ~ CITY may agree in wr1ting to an extension thereof. a nd the per1od so agreed on may be extended by subsequent agreements in writing. Section 43. Title 4 , Chapter 4, Sect10n 18 · SERVICE CHARGE 0 1 RETUR:--.JED CHECKS, Englewood Municipal Code 1985, is hereby a mended as follows: If a check in payment of any s ales or use tax is returned unpaid. a processing charge shall be added to any amount due and owing. The processing charge shall be periodically reviewed and set by the Elil'eetar af FieeHeiel Serqees. CITY. Section 44. Title 4. Chapter -t . Section 19 · UNLAWFUL ACTS , Englewood :vluni cip a l Code 1985, is hereby amended as follows : A. Advertise Absorption of Tax: It shall be unlawful for any retailer to advertise, to hold out or to state to the public or to any consumer, directly or indirectly , that the tax or any part thereof imposed by this Chapter will be assumed or absorbed by the retailer, or that 1t will not be added to the selling price of the property so ld : or if added, that any part thereof will be refunded . B. Disregard for Rules; Penalty Assessed: If any part of a deficiency in tax payment 1s due to negligence or intentional disregard of authorized rules and regulations with knowledge thereof. but without intent to defraud. there s hall b e added ten percent (10%) of the total amount oft he deficiency ; and in such case , interest shall be collected at the rate of one percent (1 %) per month on the amount oft he deficiency from the time the return was due, from the perso n required to file the return , which interest and addition shall become due and payable within fifteen (15) days after writte n notice and demand by the~ CITY . C . D . Fraud: Penalty Assessed: If any part of the deficiency is due to fraud with the intent to evade the tax. then there shall be added fifty percent (50 %) of the total amount of the deficiency , and in such case the whole amount oft he tax unpaid , including the additions. shall become due and payable fifteen (15) days after written notice and demand by the~ CITY and an additional on e percent (1%) per month on said amounts s hall be added from the date the return was due until paid. False Statements: It shall be unlawful for any person to willfully make, prepare or submit a tax return. or other document. containing any false statement, or t o willfully make a false statement in any investigation or hearing, which may a ffect the tax liability of any person. 28 • .. .. I • 0 - • • • ... ~ .--. • ,, ,. • -~ ' E . Annual Interest Rate ; Deficiency Amounts : With respect t o trans a ctions consummated on or after January I. 1986 , tha t r esult in de fici e n cy amounts as defined in this Section. the annual rate of inter est s hall be tha t establis hed by the State Commiss ione r of Banking pursuant to section 39-21 -110 .5 . C.R.S . Section 45. Title 4 , Chapter 5, Section 3 · TA.X IM.PO S ED . En gle woo d Municipal Cod e 1985, is hereby changed a s follows : There is hereby levied on and against all utilities bus inesses and occ upa u on s ma m tammg facilities or carrying on functions and operations, or both . Wlthin the C ity , exce pt as hereinafter excluded, an annual tax in the s um of one hundred twe nty t hou sand doll a r s ($120 ,000 .00) for the period of October 1. 1983 and on e hundred s ixty thou sand dolla r s ($160,000.00) from and after October 1, 1983 on the bus iness a nd occ upa tion ofm stallmg, maintaining and operating such utility within the Cit y , a n d/o r p roviding local e xch a n ge telephone services to customers within the corporate limits of t he Ci t y . The tax levied by this Chapter shall commence and beco me e ffec tive on Octo be r 1. 19 83. a nd s hall be due and payable in twelve (12) equal monthly ins tallme nts . with t he fir s t s u ch ins tallment due and payable to the City et the effiee sf the Dtre eMr af FiReR e1el 6e r. tees . thirty (30) days after the effective date hereof. Sectjon 46 . Title 4, Chapter 6 , Section 2 · DEFINITIO NS . Englewoo d Murucip a l Code 1985, is amended as to the following only: LICENSE OFFICER OR CITY LICENSE OFFICER The DiPeeter af FineBeiel 6erviee s ahhe Ci'Y CITY MANAGER of of Englewood, or ffiB A duly appointed designee . Section 47, Title 6 , Chapter 1, Section 3 · DEFINITIONS, Englewood Municipal Co de 1985, is hereby amended by the insertion of the following amended definition in a lphabetical order, as follows : The following amended words and phrases, when use d in this Chapter. shall be construed to have the following meanings: CHIEF B U ILDING INSPECTION: The Chief Building 1Bef!eeter OFFICIAL for the City of Englewood , Colorado. or ffiB authorized de s ignee . Section 48, Title 6 , Chapter 1. Section 4 · BURNING AND FIRES, Englewood Municipa l Co de 1985, is hereby amended as follows : A . Permit to Burn Required. It shall be unlawful for any person to burn or permit to be burned on any open premises owned or controlled by him or on any public s treet, alley or other land or premises , any rubbish, waste paper, wood or other flammable material , unless a permit therefor s hall first have been obtained from the Air Pollution Control Officer of the Tri-County District Health Department and 29 • ' . .. .. I • 0 • • • • • - co untersigned by the QireeteP efSafet) Ser¥iees CITY MA1 AGER or any a uthorized designee ~- B. Co nditions and Restrictions . All such open fires , including bonfires a nd outdoor trash fires , s hall be s ubject to s uch co nditions and r estnctions as hereinafter set forth as the ;\tr Pelhuiee Offieer e.eEi the Qlreeter ef Safe"' SeP-1ee s CITY sha ll prescribe . The granting or denying of s uch permit s hall be based upon the location a nd proximity of such burning to a ny building or other structure . t he potential contribution of such burning to a ir pollution in t he area when the same violates emission standards established by the law s of the State of Colo r a d o or r egul ation s and restrictions of the Board of Co unty Co mmissioner s of Arapahoe Cou n ty State of Colorado. C. Exception to Re striction s. This Section shall not apply to: 1. Burmng m t he co urse of any agric ultural ope r ation 10 t he growmg of crops a s a gainful occ upation : 2. Fires used fo r nonco mm er cia l cooki ng of food for hum a n be mgs or fo r m structional or recreational purposes: 3 . Smokeless flares or safety flares for the co mbustion of waste gase : or , -1 . Flares used to indicate some danger to the public. D. Incinerator Burning. I. It shall be unlawful for any person to burn a ny co mbustible refuse in a ny incinerator within the City except in an approved multiple-chamber incinerator or in equipment found by the Air Pollution Control Officer of the Tri-Co unty District Health Department in advance of such uses. to be equally effective fo r the purpose of air pollution co ntrol as an approved multiple-chamber incinerator. 2. It shall be unlawful for any person to operate or ca use to be operated, a ny incinerator in s uch a manner as to create emissio ns which violate e m ission s tandards as establis hed by the Jaw s of the State of Co lorado or r egulation s a nd restrictions of the Board of Co unty Co mmissioner s of Arapahoe Co unty. State of Colorado . Section 49 . Title 6 , Chapter 1, Section 7 · INSPECTION. ACCESS TO PREMISES, Englewood Municipal Co de 1985, is hereby amended as follows : It shall be unlawful for any person to refuse to admit any member of the Tri-County District Health Department, er the Flre Qivtsiee,!Peltee Qi o'isiee , er the Chief 8\tilEiieg Offieie.1 er the t>leighherheeEi aep,,iees Qe11aP1meet ef the City OR CITY PERSONNEL. or any authorized designee thereof. to any property, premises or place, at r easonable times upon presentation of identification credentials, for the purpose of determimng whether or not there is a violation of any of the provisions of this Code. If not admitted , an order from a court of competent jurisdiction may be obtained for such admittance . A qualified pe r son from the premises involved may accompany the authonzed offic e r , provi d ed that such 30 • ) I • 0 ]- • • -• • t, .,. • - person is made available without unnecessary de lay so as not to obstruct the purpose of the investigation. Sectjon 50. Title 6 . Chapter I. Section 8 -SMOKING , Subsection G , Englewood Municipal Code 1985 , is hereby amended as follows : G . Areas Where Smoking Is Prohibited . Smoking shall n ot be permitted a nd s mokmg areas shall not be designated in those areas where s mokmg is prohibited by the Ehreeter ef Safety Se .. oteee CITY , State statute, ordinances or regulations of the City, or other applicable laws . Sectjon 51. Title 6 . Chapter 5, Section I -ENFORCEMENT OF ZONl:'.',;G A.XO ENVIRONMENTAL CODES , Englewood Municipal Code 1985, 1s a m e nded as follo w A. The designated s pecialists who e nforce s pecific Co de section s a indicated below a r e appointed limited and restricted peace offi cers only fo r the purpose of 1ssmn g a nd serving summons and complaints for offe nses co mmitted m vi olatton of the particular codes they enforce : Cede Aamilliewater, Code Enforcement Officer . 68Dtftl! 6nfereement O{fieer @ 11nEI !>leighl,erheea Se .. oteee Ofli.eere ehhe Qell&rtment ef Cel!ll!IIHHty Qe eiB!ll!leftt with respect to Titles 5 , 6. 8. 9 , 10 , 11 , 12 , 15 . 16 , and Title i , Chapter I. Section s IA. IB , IC, and 2 , Englewood Municipal Code of 1985, and also the a dopte d seco ndary co des a pplica ble thereto. The Chief Building Official , or such DESIGNATED officers . lftB!leetere , Ele!l1tt1e e enEI aeeietante in the P1telie Werke De!l&rtment with respect to Title 5, Chapter 7 and Titles 8 , 9 and 16 , Englewood Municipal Code of 1985 , and also the adopted s econda ry codes applicable thereto. The aforementioned limited appointments do not permit these de s ignated appointees to carry firearms , make arrests and exercise any other duties of law enforcement officers . e xcept as herein provided. Sectjon 52. Title 7, Chapter IA, Section 1 · DEFINITIONS, Englewood Municipal Code 1985, is amended as follows : 7-lA-l: DEFINITIONS: FIW,!>lCIAI. SER\qCES DIRECTOR Qireet.er sf Finaneial Se .. oteee and City 1:,ieeBBH'II! Ofli.eer . Sectjon 53, Title 7, Chapter IA, Section 2 · RUNNING AT LARGE PROHIBITED, Paragraph Al , Englewood Municipal Code 1985 , is hereby amended as follows : A . Dogs at Large. It shall be unlawful for any owner or person having the care, custody and control of any dog to allow such dog to run at large in the City unless such dog is under the reasonable control of such owner or person . 31 • I • 0 ( • • .. • -• •,, • -.. 1. For the purpose of this Section . a dog s hall be deemed to be runnmg at la rge when off or away from th e pre mi ses of the owner . possessor or keeper the reof and not under the control of s uch owner, possessor or ke e pe r , who s hall be competent to control such dog a nd who may be required to demonstrate t o a member of the Eegle'I 888 E>ef!Bl'tmeet 9f Sefe~ SePYieee CITY PERSONNEL, 8F eey eramel eeetrel effieer ef Hie Cit.,. bis or h e r ability to control s uch dog whenever such dog is not kept on or controlled by a lea s h. co rd or chain not to exceed ten feet (1 0'). Section 54. Title 7, Chapter lA. Section --1 -RE CO RD S A:,,.'1) REPORTS . Engle wood Municipal Code 1985, is hereby amended as fo ll ow : The E>eJ!el'tmeet ef Seiet, SeF iee e CITY shall mamtam a reco r d of all a rumal s im pound e d together with all fees collected .. \ meetftl~ r ef!SPt s kell ii e IBB!!e le tke HeAeg e • BA8 all k!ee tre11cemiMe8 te the Treeattrer 8eih·. Section 55. Title 7, Chapter lA, Section 8-i -POLICE DOG . Englewood '.\1uru cipal Code 1985, is hereby amended as follows : It shall be unlawful for any person to willfully or m a li c ious ly torture . to rm ent. beat , kick . mutilate . injure disable or kill any dog use d by the E>eflBPlmeel ef Sekt:· SeF ,ees CITY in the performance of the functions and duties of sttek E>eJ!ftl'tB!eAl THE CITY . ~ ttewerreeteely ieterfere r.rith er me8ele with at1,· s tteh aeg htle iien,g tt se 8 ii_. s ai8 E>eJlftl'tmeet er ae, efaeer er memiier thereef the f!emreu1Aee ef ae, ef tke ftteetiaA s er 8tttiee ef eei8 E>ep81'tmeet er ef etteh effieer er memeer. Section 56. Title 7, Chapter lA, Section 11 -DESTRUCTION HEARING , Para graph D. Englewood Municipal Code 1985, is hereby amended as follows: D The Municipal Court will determine at the hearing whethe r the dog or cat , beca use of its vicious propensities , presents clear or present danger to the safety of the citizens of Englewood . When the dog or cat has been the s ubj ect to two (2) convictions of attack not resultmg in grievous bodil y harm . or property damage of five hundred dollars ($500.00) or more within a two-(2) year period , or it is responsible for lDlli ctmg death or grievous bodily harm upon a human be ing, there is a presumption the dog or cat bas V1cious tendencies and presents a clear and present danger to the safety of the citizens of Engle wo od . This pres umption can only be rebutted by clear and convincmg evidence to the co ntrary . Upon the court's determination that the dog or cat presents a clear or present danger to the safety of Englewood citizens , the court will order the Eeglew0e8 E>epertmeet 0f 611.k!t~ SerYieee CITY to destroy the dog or cat forthwith . Section 5i, Title 7, Chapter lA . Section 11 -DESTRUC TION HEARING , Paragraph E , Englewood Municipal Code 1985. is hereby amended as follows: E . If the dog or cat is not confined in the Englewood Animal shelter, the City may petition the Englewood Municipal Court for a forthwith order te Elep81'tmeet ef Safes, SeFoteee to confine the a nimal pending the outcome of the destructio n hearing, and the costs of said confinement will be assessed by the Municipal Co urt at the termination of the hearing. 32 • .. .. . I • 0 • • • .. • .,-·• • ... .. • -' ' Section 58. Title i , Ch a pte r I C. Section I ·DEFI NITIO NS .Engle wood l'>luru cipal Co d e 19 5, ts h e r e by a me nd ed as foll ows: The fo ll owin g is the only ch a nge in definition s . E>IRE C'POR : D1P eet 0P e f Ce mmM-JHty E>e elepmeRl ef th e City ef ERglem ee a . e r hi s aes tgR ee . Section 59 . Title i , Ch a pter I C, Section 5 · DISPOSITIO N OF DEAD ANl MAL S. Engle woo d '.\1um c1p al Co de 19 85. is he re by a me nde d as fo ll ows : \Vhe n an y a rum al s hall di e within the City . 1t sh a ll be the duty of the owne r t he re of re m ove t he ca rca s s of s uch animal a nd see that it is dis pose d of in a sam tary fa s lu on . It shall be unlawful fo r a ny animal owner to fail or refu se to re move s uch carcass. a nd s uch re fu al or failure s hall co n stitute a nuis ance . When the a nimal carcass s h a ll be fo und m a ny publi c s treet , alley or place othe r than the property of the owne r . it s h a ll be the d u t y of the ~ efeefeliy eeP"'lee e. eth e r peliee effi.eeP er .'z."}ffl!!ll CeRtrel Offieer C ITY . whe n know ledg t h e reof s hall co me to Mm IT , to ca use s uch carcas s to be re move d a nd d is p osed of in a s anitary m a nne r . Section 60 . Title i , Ch a pter 2. Sectio n 1 -~ CITY TO TAKE POSSESSIO~. Engle wo od Muru c1pal Co de 1985 . is he re by a me nde d a s fo ll ows: 7-2 -1: ~ CITY TO TAKE POSSESSIO N: It s hall be the duty of e ,ei, peltee effieer THE CITY to take into hie ITS possession. ee,l te aelt .•er te the DiPeeter ef Sefe1, e eP"'lee a e • te hie ,leeignee every item of personal property los t or a bandon e d Wlthin the Ci t y of Englewood, which item sha ll be held by the DiP eeter ef Sefeey eet'Yiee s C ITY fo r di s pos 1t10 n in acco rdance with the provi s ions of tlus Chapter. Section 61. Title i, Chapter 2 , Section 2 -PROPERTY USED AS EvlDE NC E, Engle wood Municipal Co d e 1985 , 1s hereby amende d as follow s: It s hall be the duty of t be DiPeeter efeefet, SeP"fieee CITY t o hold , pe nding fina l di s posi t io n of a ny charges a gainst t he owne r or p ossessor thereof. a ll a rticl es of p ersonal prop e rty se ize d as e vidence for use in the trial of such charges . After final di s p ositio n of s a id charges, e xce pt in the case of dangero us or deadly weapons, and e xce pt as the co urt may otherwi se direc t . upon demand by the rightful owner thereof and the presen tati on of s ans fa ctory proof of owne rship, s aid articles s hall be returned to su ch owner. In a ll othe r cases. s aid a rticle s s h a ll be dis p osed of in acco rdance with the provisi ons of thi s Ch a pte r . Section 62, Title 7, Chapter 2 , Section 3 -DISPOSITIO N OF CONTR..\BA.,ro , Englewo od Municipal Co d e 1985 . 1s hereby a mended as foll ows : No firearm nor any a rticl e of gambling equipment nor any co ntraband or confiscated a rticle of a ny nature whatsoever in the pos s ession of the Depltl'tmeRt ef Safety eeP" iee a CITY , whether abandoned . unclaimed or otherwise , will be di s po se d of under the provi s ion s of Section 7-2-1, E .M.C. 1985. Such property s hall be dis posed of as follow s: 33 • ' I • 0 • • .. ~ ,.,-. • '"•j • -' ' A. Seized contraband within the purview of Section 16-1 3-301 e t e q ., and 16--501 et seq., C .R.S. s hall be disposed of as proV1ded therein . The City's s hare of s uch co ntraband. if other than currency, will be disposed of as provided in s ubsecu on B below : if currency , it will be deposited iRte tne Qefl&PltBeRt ef Safet:· Se,. iee s Ge1terlll r-e at the direction of the City Manager. B . Firearms, gambling equipment and contraband seized or m the possession of the ER~le ,eee E>eflll.!'ttBeRt efSafet, Se,.<iees C ITY not wuhm the provisions of the preceding subsection A, other than currency, if n ot otherwise ordered disposed of by a court of law . may. under the direction of the E>weeter ef Safegy SePYieee CITY MANAGER. be used by the 9@flH:PteieRt ef Safety Se,-qees CITY in crime prevention , police training or displayed for e d u cauonal purposes . Such property which the QiPeet.er efSafet. Se,-<iees CI TY :\I.A NAGER det e rmmes lS unusable , unserviceable. or has no training or educational value s h all be de troyed . All other items directed by court order to the 9efl8i'tBleRt ef Saf-ety Se,-·,ees CITY shall be eiPeetee t.e tne E>efl&Plmeet ef Saiet) Se,-<iees Gat-11tBI 0Ntlay F>tHe e , E>e!!llftBleRt ef Safety SePYieee Ge1teral r-e DISPOSED OF at the du-e cu on of the City Manager. If the property is currency, it will be deposited~ E>eflH:Ptei e Rt sf Saiet) Se,-<iees Ge1teral Flffltl at the direction of the City :'ll a n ager. othing in this Chapter shall be construed to lim1t or preempt the remedi es of abating or controlling public nuisances or interfere with action unde r Title X\l . ectt on 13 . Part 5 , C.R.S . Section 63. Title 7, Chapter 2, Section 4-2 -PROCED G"RE FOR DlSPOSITIO:S: OF PROPERTY, Englewood Municipal Code 1985, is hereby amended as follo ws : A . Prior to disposition of any unclaime d property ha,~ng a n estimated value of fifty dollars ($50.00) or more , the 9iPeet.eP CITY s hall send a wntten n otice by first class postage , to the last known address , if any, of any owner of unclauned property. The last known address of the owner s hall be the address of the owner as shown by records of the Murucipal department or agency holding the prope rty. The notice shall include a description of the property , the amount of estimated value of the property, and . when a,·iulable . the purpose for which the property wa s dep osited or otherwise held . The notice shall state where the owner may make inquiry of or claim the property . The notice s hall also state that if the owner fails to provide the DiPeet.er CITY with a wntten claim for the return of the property within thirty (3 0) days of the date of the n otice , the property s hall become the sole property of the City of Englewood and any claim of the owner to such property s hall be deemed forfeited . B . Prior to disposition of any unclaimed property having an estimated value of less than fifty dollars ($50.00) or haVlng no last known address of the owner, the 9-CITY shall cause a notice to be published in a newspaper of general circulation in the City of Englewood . The notice shall include a description of the property, the owner of the property, the amount or estimated value of the property and , when avatlable , the purpose for which the property was deposited or otherwise he ld . The notice s hall state where the owner may make inquiry of or claim the property . The n otice s hall also state that if the owner fat!s to proV1de the DiPeet.er CITY with a written claim for the return of the property within thirty (3 0) days of the date oft he pubhcat1on of the notice, the property shall become the sole property of the City of Englewood and any claim of the owner to such property shall be deemed forfe1 ted . 34 • ' .. • 0 ) I • 0 - • • • .. • --. • ·, • -' C. If the~ CITY receh·es no written claim within the a bo ve thirty-(30) day cl a tm period, the prope rty s hall become the sole prope rty of the City of Engle woo d and a ny claim of the owner of s uch property s hall be deemed forfe ited . D. If the~ CITY rece ives a written claim within the thirty-(30) day cla im period . the~ CITY s hall evaluate the claim and give written notice to the cla ima nt within nine t y (90) days thereof that the claim has been a cce pted or de ni e d in whole or in part. The DiPeet.eP CITY may inves tigate the validity of a cla tm and may reques t further supporting documentation from the claimant prior to dis burs ing or refusing to disburse the property. E . In the event that there is more than one cl a imant for the same prop e rty . t h e ~ CITY m ay , in the Qireei;ers ITS so le di s cretion . re so lve said claims BY FILI'.\G a n interpleader action . F . In the event that all claims filed are denie d . the prope rty s ha ll be co me the so l property of the City of Englewood and a n y claim of the owne r of s u ch p rope rty s h all be deemed forfeited . G . Any le gal action fil ed challenging a deci s ion of the ~ CITY s hall b e fil e d pursuant to Colorado law within thirty (30) days of s uch d ec1s10 n or s hall be fo re '"e r barred. If any legal action is timely filed , the prope rty sh a ll be di sb ursed by t he ~ CITY pursuant to the order of the Co urt havmg j urisdiction o,·er u ch cl aim . H . The Direef,ep-CJTY is authorized to establis h and a dminister proc e d ure fo r t he administration and dispos ition of unclaimed prope rty co nsistent with thi s ect1o n i - 2-4, including compliance requirements for other Municipal offi ce rs a nd e mp loyees m the identification and dis position of s uch prope rty . Section 64. Title 7, Chapter 2, Section ~-4 · DISPOSAL OF ABA NDO!\'ED TOYS A;'"D CffiLDREN'S ARTICLES, Englewood Municipal Code 1985, is h er e by a me nd e d as fo ll ows· At the option of the Qireet.a• ef ,',eiftietPBH e eepo·ieee C ITY , any to ys ofwhatsoe\"e r n ature , including bicycles and tricycle s and other articles ma de for us e by children which a re left unclaimed for thirty (30) d ays or more , may be sold in a ccorda nce with Section i-2-4 or m the a lternative may be given to s uch needy and unfortunate children within t h e City a s t h e QireeM!P efAamiftistP&H te Se'" 1ee s CITY MA NAGER OR DESIGNEE dee m s a pprop n ate . In the e vent of dis p os ition of s uch a rticle s without sale , the Elll'eeM!P e f.\eultBtP&li e eePYieee CITY MA NAG ER OR DESIGNEE s hall , at le a st ten (10) days prior to s u ch disposition . ca use a public n otice of t he descnption of s uch a rticl es to be publis h e d a nd s hall provide for a r e a so n a ble opportunity for the n ghtful owner t o claim the s ame . Section 65. Title 7, Chapter 6A . Section 5 -RESIST, INTERFERE WITH MUNI CIPAL OFFICERS, Englewood Municipal Code 1985. is amended as follow s: A . It shall be unla wful for a ny person to resist a peace officer . unde r color of official a uthority, from effe cting the arrest of any person, by the u s e or threat of physical force or violence , or any other means which creates a s ubstantial risk of physical injury . 35 • . 0 I • 0 ( • • • .. -·· • .. .. • • ~ ' B. It shall be unlawful to knowingly obstruct or mterfere wnh or !under a peace officer or fireman in the discharge of his duties . C. A,ll 111e1111!ePs sf the Qi,isise sf Peliee CITY OF ENGLEWOOD EMPLOYEES who do not have to be certified under the provisions of part 3 of Arncle 33.5 of Title 2-1 . Colorado Revised Statutes. as a condition of e mployment. shall be included w1tlun the definition of "peace officers engaged in the performance of the tr duties" within the meaning of Section 18-3-201(2) C.R.S, even though s uch perso nnel. by therr limited appointments as specified in Section 6-5-1 of this Co de. are without the certification requirements of part 3 of Article 33.5 of Title 24. Colorado Re,,sed Statutes. 0 . Gede :\d111i!HetNIBP, Code Enforcement Officers. Zentng Enfereemeet Offiee rs aeEI J.>leigl!herheed Ser .. iees Offieeps efthe Qe118f't111eet ef Ge111m1tRit~ Qe .. ele11B1e1n with respect to Titles 5 . 6 , 8 . 9 . 10 . 11. 12 . 15 . 16 . and Title 7 , Chapter l. Secoons IA . !B. lC and 2 Englewood Municipal Code of 1985, and also the adopted seco nd ary codes applicable thereto ARE ALSO "PEACE OFFICERS" WITHIN THE :\1E .·\NI~G OF THIS SECTION. The aforementioned limited appointments d o n ot permit these designated appmntee to carry firearms. make arrests, and exercise any other duoes of law e nforcement officers , except as herein provided. Sectjog 66. Title 7, Chapter6B. Section 13 -SOLICITATION OF TO\\l:\G OR WRE C KER BUSINESS, Paragraph A , Englewood Municipal Code 1985. is h ereby a me nd ed as follo ws: A . It is unlawful for any person to drive or cause any tow truck . or ve lu cle e quipped to provide towing service , to be driven to , or to stop or park a ny s uch "ehtcle , or cause the same to be stopped or parked , at or near the sce ne of any fire , explo ion . traffic accident or other disaster with the intent to so licit towing or w recke r business . wh e n such tow truck or vehicle has not been called to the sce n e by the owner or operator of the damaged vehicle, or the owner of property required to be towed from the sce ne . or by his duly authorized agent or insurance earne r , or by an agent or representative of the Qe11&Pt111e11t ef Saie~ Sero<iees CITY, er l!y e et e111ae CITY or other peace office r attending the scene. Section 67. Title 7, Chapter 6C, Sections 3 -PROHIBITED CSE OF WEAPONS. Englewood Municipal Code 1985, is amended as follow s: A . It shall be illegal for : 1. Any person to knowingly and unlawfully aim a frrearm at a n other perso n . 2 . Any person to recklessly or with criminal negligence di s charge a fire a rm or shoot a bow and arrow or blow-dart weapon. 3 . Any person to have in his/her possession a firearm whtle under t h e influence of intoxicating liquor or of a controlled substance , as defined in Section 12-22- 303(7), Colorado Revised Statutes. Possession of a permit issued under Section 18-12-105.1, Colorado Reviaed Statutes, is no defense to a violation of tlus subsection A . 36 • I • 0 • • • ~ ,.,-. • I • . • - 4, Any person to arm . swing , or throw a nunchaku (nunchakus) or a throwing star , as defined m Section i-6C-O of this Chapter. at another person. or a ny p e rso n to knowingly possess a throwmg star or nunchaku (nunchakus) in a public place except for the purpose of presenting a public demonstration or exhibition a u thorned by the E>itoeeter ef Safety Servieee CITY. or pursuant to instruction in conjunction with an organized school or class. When transporting throwing stars or nunchadu (nunchakus) for a public demonstration or exhibition or for a sc hool or class, they s hall be trans ported in a closed , nonaccessible container. 5 . Any person to hit, swing, or use any device co mposed of leather or other materials impregnated \\'ith s pikes at another person, or any perso n to knowingly possess any device composed of leathe r or other material impregnated with spikes as defined in Section i -6C-O in a public place e xcept for the purpose of presenting a demonstration or exhibition authorized by the E>ireeter ef Sakty Sero-iees CITY. When transporting any device composed of leather or other material impregnated with spikes for a public demonstration or exhibition, they shall be transported in a closed, nonacce s sible co ntainer. 6 . Any person to discharge an air gun anywhere in this City e xcept in s hooting galleries or on any private grounds or in a ny residence where s u ch instrument can be fired , dtscharged or operated in s uch a manner that the proJectile doe s not travel outside the limits of such gallery, grounds. or residence; and . provided further, that the instrument shall not be discharged or operated in s uch a manner as to endanger persons or property . Nothing herein co ntained shall be construed to prevent the concealed carrying of any air gun when unloaded and properly cased to and from any range or gallery . Section 68. Title i , Chapter 6C , Section 4 · FORFEITURE AND CONFISCATION OF WEAPONS. Englewood Municipal Code 1985 , is hereby amended as follows : A. Forfeiture . In every case where a person is charged with a ,'iolat1on ofthi s Chapter involving a weapons offense, he /s he s hall forfeit to the City s uch dangerous or illegal weapon. B . Confiscation. It shall be the duty of e ,e"' 13eliee elfieer THE CITY . up on THE making OF any arrest and taking OF a concealed weapon. offensi ve weapon or instrument of crime, from the person of the offend e r , to deliver the same to the custodian of the EliYteiee ef Peliee CITY property room . to be held Ii) htmlher until the final determination of the pro secution for s aid offense; upon the finding of guilty, the Murucipal Judge may order forfeiture of such weapon or instrument hele ll) IHmlher TO THE CITY until the final determination of the prosecution for said offense ; upon the finding of guilty . the Municipal Judge may order forfeiture of such weapon or instrument and deliver said weapon or instrument to the E>ireeter ef Sak~ Sel'Yieee , er hieA!er e~ a11thertl!E!8 ageet, CITY for de s truction or other lawful use s . Section 69. Title 7, Chapter GE . Section 7 · HARBORING OF MINORS. Englewood Murucipal Code 1985 , is hereby amended as follows : 37 • .. . ) I • 0 ( • • • ,. /" . • • - It shall be unlawful for any person to knowingly harbor. keep secreted . co habit with. or provide shelter. for any unmarried person under the age of eighteen (18) years without the consent of the parent. guardian or other person having legal custody of uch person. A. It shall be unlawful for any person to harbor. keep secreted . co habit with or provide shelter, for any unmarried person under the age of eighteen (18) yea rs when such person knows s uch mmor person to be a parole v10lator or a fugitive from legal process . Provided , however . that this Section s hall not apply to any organization recognized by appropriate resolution of the City Co unol which 1s providing counseling services for any such minor: and provided further that s uch officially recognized organization shall not provide shelter. or harbor such mmor for more than forty-eight (48 ) hours nor shall they shelter or harbor such mmor after de mand has been made on them by the E111:le eeii De)llH't111e11t ef S&fet, Se .. ~ee s CITY for delivery of such minor to the E111:le eeii De)llH'tllle11t ef S&fet~ Se .. ~e es CITY. B. Any person found guilty of a violation of this Section s hall. up on co nvictio n the reof. be fined in the sum of not Jess than one hundred dollars ($200 .00 ) or mor e than three hundred dollars ($300.00) or be impnsoned for a penod of not less than t.lurty (30) days or more than ninety (90) days or both such fin e a nd 1mpnsonment. Section 70. Title 7, Cbapter6F, Section 10 · SAFEGL.ARDI:,..;G Ei\GLEWOOD LIBRARY PROPERTY , Paragraph C. Englewood Municipal Code 1985. 1 a me nd ed as foll ows : C. Authority to Stop and Inquire . I . If any person conceals upon his person or otherwise cames away any Englewood Public Library read.mg matenal or other library property that was not properly charged out by the proper agent or e mployee of the Englewood Public Library or was otherwise taken without permission, the E111:le .. eeii P11l,lie bi.eN,y Seru~ees Qireelier er-any Englewood Public Library employee/agent, or any peace officer , acting in good faith and upon probable cause based upon reasonable grounds therefor, may detain and question such person. which includes asking him to empty pockets, handbags . knapsacks, briefcases, etc., in a reasonable manner for the purpose of ascertaining whether such person is guilty of unlawfully removing or assisting in removing library reading matenal or other property belonging to the library. Such questioning of a person by the E111:le eeii P11l,lie bi.llr&PY Ser-.teee Direelier said library employee/agent. or said each officer civilly or criminally liable for slander, fal se arrest, false impnsonment, malicious prosecution , or unlawfttl detention . 2 . Within thirty (30) days after the passage of the provisions ofthis Section 7. 6F-10 and before any action is taken thereunder, there will be signs permanently posted within the Englewood Public Library and on the front door thereof informing the public that mere entry into the Englewood Public Library grants consent to the E111:le , eeii P11l,l!e bierer, SeP\·iees Qireeter CITY, library employees/agents and peace officers to detain and question such person, in a reasonable manner for the purpose of ascertaining whether such person is guilty of unlawfully removing or assisting in removing library reading material or other library propeny when the E111:le eeii P11l,lie billr8PY eeP\ieee Qireeter CITY , library employees/agents, or peace officers act in good faith and upon probable cause. This entry also constitutes 38 • .. ) I • 0 ]- • • • -. • ·,· .. • - consent for the person emptying clothing pockets, handbags , knapsacks , brief cases , etc., when asked to do so. Section 71. Title 7, Chapter 7, Section 2 -DESTRUCTION OF PROPERTY, Englewood Municipal Code 1985, is hereby amended as follows: When a fire is in progress. the QiPeeter ef S11fety eepo'4ees CITY MAN AG ER, or m hi s absence the highest ranking paid officer in attendance, may order any building or buildings , fences or other structures that are in close proximity to s uch fire to be torn down , blown up or otherwise disposed of, if he deems it necessary for the purpose of controlling the progress or preventing the spread of such fire . Section 72. Title 7, Chapter 7, Section 3, MUTUAL AID AND AUTOl\1.ATIC AID AGREEMENTS, Englewood Municipal Code 1985, is hereby amended as follow s : The City Council may enter into agreements with other cities. towns. fir e protection districts, corporations, or incorporated areas, relating to the mutual a nd/o r a u to ma ti c exchange of assistance in fighting fires , but the Qi isiee ef Fire CITY s h all not answe r a n y call which is outside of the City BOUNDARY unless s uch fire 1s on e wlu ch is co ,·e r ed by s uch an agreement for mutual and/or automatic assistance . Sectjon 73. Title 7, Chapter 7, Section 4 -EMERGENCY RESPONSE AUTHORITY. Englewood Municipal Code 1985, 1s hereby amended as follows : A. The Emergency Response Authority for the City shall be the Qireeter ef Slife~ eet'¥iee&-CITY MA,\IAGER OR DESIGNEE who s hall exercise continuing supervisory authority for the cleanup and removal of the hazardous s ub s tance involved in a haza.rdous s ubstance incident. B. The City is hereby authorized to cla1-~ reimbursement from the parties or pe r so n responsible for a hazardous substance incident for the reasonable and docume nted costs resulting from action taken to remove , contain, or otherwise mitigate the effects of s uch incident not including costs necessary to extinguish a fire . Sectjon 74. Title 7, Chapter 7, Section 5 -ESTABLISHMENT OF MOTOR VEHICLE RO UTES, Englewood Municipal Code 1985, is hereby amended as follows : For velucles transporting explosives, blasting agents, hazardous chemicals or other dangerous articles , the routes for vehicles transporting explosives , blasting agents, dangerous chemicals or other dangerous articles are hereby established a s follows : Santa Fe Drive U .S . Highway 285, exclusively between the hours commencing at 10:00 P .m . and ending at 6 :00 A.M . All operators of vehicles transporting explosives, blasting agents, hazardous/dangerous chemicals or other hazardous/dangerous articles on a route other than as set forth in this Section shall have documentation in their possession showing the point of origin and 39 • I • 0 ------~------------------.·-------------------- • • • ,. • • - destination of the vehicle and its contents in sufficient detau to iu su.fy the u. e of a r oute other than as set forth in this Section. It 1s a ,·iolation of this Section to fail t o produce such documentation to a n office r of ~Englewood Eli ..tsieR ef P elie e a nd 1t s hall also be a violation to be on a route other than as set forth herein without said do cumentatJon . Section 75. Title i , Chapter 7, Section 6 -ESTABLISHl\lEl\T OF FIRE L.\l\'ES : A. Fire lanes shall be established on private property devoted to public use where the parking of motor vehicles or other obstructions may interfer e with the mgress and egress of Eli oteieR ef F fire vehicles for the protection of persons and property . such as, but not limited to , shopping centers . bowling establishments. theaters . hospitals , schools , churches and other similar location where firefighting appar atu and equipment cannot be used effectively from public accessways . B. The ElireeMlr efeaie" eepo iees CITY MANAGER OR DESIGNEE s h all establish said fire lanes on premises heretofore set out by filing a plat of said private premises -.,ith the Ele11&rtmeRt ef Pttelie "lerlie aRa 11ith the Eli. i.eteR ef Pelie e ef I N the City , specifica lly designating thereon the width and route of such fir e lan es as shall be essential for the necessary mgress. egress a nd movement of fire eqwpment and apparatus withm and up on said pnvate premises. 6tua 11lat ,hall eear the aate ef a1111re. al ef the Ehreeter sf eaiety eer·<iees . C. U pon filing the approval plat designatmg the necessary fire lanes a nd widths thereon with the Ele11art1Beftt ef Pttelte 111 erl1.s aRa the Eli otsieR ef Pehee CITY . a provided herein , the Elireeter ef6aiety eepo·ieee CITY MANAGER or his des1gnee shall forthwith deliver a copy of the same to the owner , operator. tenant or le ssee in possession of said private property with written notice. a nd order to proceed to make and post said fire lanes in conformance with t he '.Vlanual a nd Specificat10ns of the State Department of Highways . Within forty-five (45) days after notice. or such additional time as not to exceed forty-five (45) additional days . the ow ner, operator, tenant or lessee in possession shall complete the nec essar y markmg a nd signing as required herein. D. Failure of the owner, operator, tenant or lessee m pos session to co mpl y with the requirement as set out in subsection C hereof shall be co n sider ed to be a violation of this Code and may subject the owner, operator. tenant or lessee in possession to the penalties prescribed in the Englewood Municipal Cod e . E . The owner, operator, tenant or le ssee in possession may appeal the order of t he Elireeter efeaiety eeMeee CITY MANAGER as provided in this Article . F. Appeals. When it is claimed that the provis io ns of this Article do not apply m the manner in which the Elireeter efeafet~ 6e,..•iees CITY :'vlANAGER determines, or when it is claimed that the true intent and meaning of this Article have been misconstrued or wrongly interpreted by the Elireeter ef 6aiety eePYiees CITY MANAGER, any owner of property aggrieved thereby may appeal from the decision of the E>if'eet.er efeaie" eep.,<ieee CITY MANAGER OR DESIGNEE to the Englewood Board of Adjustment and Appeals within thirty (30) days from the date of the decision appealed, which Board shall review the decision of the E>ireeter ef Safely eer,o\eee CITY MANAGER and render a final and binding decision thereupon. In considering such appeals, the Englewood Board of Adjustment and 40 I ., • 0 • • • ------------------------.. ,----------------------~-----------------· • • - Appeals shall have the powers granted to the Direeter ef Safety Ser·iees CITY MANAGER by this Article. Section 76. Title 8 , Chapter I. Section -1 . Englewood Municipal Code 1985 . is hereby a mended by deleting the e ntire Section 4 . as follows: DPQSIQl>I QF BUlbDll>IG .\l>ID SAFETY .U)Mll>11STRATl0l>' C0Dls 8 1 I: CREATI0l>l 0F Dl'QS10>1 0F BUlbDil>IC Al>ID SAFETY: A. Di 'ieieR lsetelll:iehea . I. There shall Ile BREI ie heres, eetalll:iehe!I 11ithiR the De,ifli'tme1n ef Pttlllte 11' erlt e n Eh ieieR ef B!ttiaiRg &RB Safety . ;,j _ The Di ieieR shall Ile a!lmiRietereEI lly the Chief Bttil!liflg 0ffie1&1 111313e1Rtea a, the C ity MaR&ger iR aeeer!l&Ree , 1th tshe Career Seroiee 13re,,ie1ens eeRt&tRe!I in Title a ef thi s MttRiei1311l Ge!le eR!I heee 130 ere &RB !ltttiee ere hereiflefter !lefine!I . The C luef Btt1l!ltng 0ffie1el ah&ll Ile ljtt&l:ifie!I 8) eatteatieR an!l/er e.if!erienee te the le.,ela es telilt ehe!l 1R the 111313re. e!I jee !leeeri13tien fer the 13eeitieR . a. The City Hanager shall lie em13e ere!I te a,i,ie1nt !le13ttties ef the Chief Btttl!ling 0Eeeiel in the e, ent ef the Chief B!ttiliing 0ffiei&l'e aeeeeee . Eiieeetl:ity er hie eee!I fer eaa1et11ete te earry ettt hie ftteet1e11e. The !le13tttiee ah&ll Ile ,eate!I .1th atteh &ttthertt:· e e the Gluef BttilBHlg 0ffieial la .~y peeeeeeea . 8. I!1eRti:fie11tie11 ef Di, ieteR Em13le) eee. Eaeh em13le, ee ef thte Di•11e1ee s ha.l,I Ile 13re,,i!le!I e, the City ·%·ith ae iaeetilieatiee e&P!I lle&PiRg a 13hetegr1113h ef the em13le, ee ae!I ieiermatiee re11ttirea Ii~ the Chief 8ttH!lteg Qffiei&I . Stteh 1!1eet1fie11t.ieR ear!I shall alee sear the &tttherity graRte!I hereie . Stteh e&P!I eh&ll Ile e11r.1ea 1i, the ,iereee s e i!leeuee!I ae!I shall Ile tteea ""hee 11eeeee11ry te pre13erly iee11ttfy themsel,·ee while 11erferm1eg effieial ~ Section 77. Title 8 . Chapter 1, Section 5 · GENERAL POWERS AND D UTIES, Engle wood Municipal Code 1985, is hereby amended a s follow s: A, The Di,,iei0e 0f 8ttilaiRg ae!I Safety CHIEF BUILDING OFFICL,\L s hall a dminister and enforce the Englewood Building and Safety Code . BRB all ether er!lieeeeee aee e0Elea whieh ma, hereafter Ile 110eigee!I t0 the Di. ieiee fur eefereemeRt see aeminietratiee. There ere heres, 1eetee t0 the Di ,iei0e the !ltttiee ef eeiereieg ae!I e!lminieteriRg the Engle .. 00e 8ttilaing &BB Safety C0ee &RB 11:ll 130,.., ere eeeese&r) fer etteh eefereemeRt. B. The Chief81tilliing 0ffieial 0h11ll man11ge the 013erati0R 0fthe !li,ieien 0fBttil!liRg &Re ~ C . lee11eeMre . teehRieiaee, aeeieteete &RB ether em11le, eee ae re11ttireli ae!I atttherillee HI the &RRttal llttaget, shall Ile a1313eiRte!I a11a aeeigeee te the Di•lieiee HI aeeer!laeee with the 11r0· iei011e ef the eareer eePYieee r1tlee ae ee11tai11ee i11 Title a ef this MttRiei11al Ceee. Iee13eetere aha.I,! ha e etteh &ttthePity &e the Chief 8ttilEiiRg 0ffie1al la .. fttlly flBBeeeeee ie earr, iRg 0ttt their 1100ig11eli !ltttiee. 41 • ) I • 0 ( • • • .. ,,-. • ... • • ~ Reeerlis . Tile Ck1ef B11tldtRg Offie1al s kaH IBBiRtBifl reeerss ef BJl!llieatieRs fer 13er1B1ls . 13er1Bits ise11eel. eertifieatee sf eee11138Re_., iRs13eeti0Rs aRB iRvestigatieRe. a1313lieat10Rs fer lieeRses . lieeRses ise11es. fees eelleeteli BRB elker 1flfer1BatieR tkat tBB) Ile re1111iPes . H e,1S lt e s hall IBBke s 11ek re130ne te the DI.Peele r ef P111llie u-e rke BBB tile Direetel' ef Safel, Sey,·1ees eeReerRiBg tile aetiVilles ef tile Di ·1s1eR . 10lalleRe ef the ERgle .. ees B11ileliRg a RB Safet)· Celie . BREI s11eh etker 1t18Uer s as IBBJ Ile re11111PeB . K Puelie IRs13eelieR Reeerss . CeReral ale reeerss ef tile Dl"LteR s kaU Ile eiieR fe, iiullbe 1Rs13eeti0R ll11t !BB? Rel Ile re1Be es. S13ee1ee tR, esugacieR reeerels eR 1Rlii .. 1el11al ea se, aRel lieeRee e13plieatieRs 81'e Rat epeR te tile 13111llie e.1ee13t BJ the a1reet1 0R ef tile C,t_ HsRag e1· er erser ef the Cellt't. F .. \11th0Pi~ te IBepeet . Tile Ckief B~BiBg Offie1Bl BRB k1 s Blltheru!eel ageRls s hall ha· e the a11tkeri~ te iRepeet er ea11 ee le Ile tRs13eetes fer ee!BplisRee tlh tile ERgleweeel B11ilBiRg BRB SaJ:ety Celie. all ll11illiiRgs , struet11Pe s . 13re1B1see e r uolit1 es "'tthtR tile City . C. Right efERtry. 'lcheRe"er Reeessa~ te malie !IR 1R s13ee t1 0R te e Rferee aR, af the !JP0'"ieieRB ef this Ceele , er wkeRe"'eP the Ck1ef B >1ils1Rg Offie1al SP 8R a11tkern,eel re13reeeRteti e hae 13rellallle ea11ee te llelieve that there es1sts 1R at1y bmleltRg SP >1Jl 8R BR). 13re1Bieee &Ry eeRBitieR er Celie ielatieR hiek 1Bek es s 11ek e >1.1lli1Rg er iire1B1:es 11R safe . lieRger011e , er hai!ars011e , the Chief B11illiiRg Offieiel e r aR a11th0P1~es re13,eseRtau ·e IB!I~' eRter e11eh llliilBiRg er pre1Bieee at all reaeeReele t11Be s te 1R e13eet the su et e e r le 1ie,fer1B aR, s11l) im13eees lif!SR the Chief B~BiRg Offie1el Ii, tkls Celie: iire 11i eli . tltat 1f s11eh ll~eliRg er f!Pemiees Ile eee1113ies. s hethe s hall Bl'st 13reseRt 13re13er er eele Ruels a RB re!l11est eRtry; aRB if e11eh ll11il8iftg er 13,emiees Ile 11Reee11p1es . s h e/k e s kall BI'S! 1Beli e 8 reeseRBele effert le leeete the e'JJBer er ether 13er00Rs he, iRg ekerge er eeRtrel ef the a111lel1Rg er 13rem1eee eRB re1111eet eRtF). If e11eh eRt~ 10 ,efiteee. tile Chief Bu1lEl1Rg Offie1al e r aR e11lheri:l'!eB re13reseRteti e skall ka e reee11ree te e.eP) remeBJ flP0 1ses Ii, 18 · Ee see11re e Rtry . >ie 0\"'Rer er eee11138Rt er aR) ether 13ers0 Re h8 tRg ehBrge. ea r e er ee Rtre l ef !IR_. e111llilflg er premises s hell feil er Regleet. after iire13er re1111e et 1s malie as 13reu1ele!l Ii. la . le JlPBm13tl) permit eRtP) tkereiR B) the Chief B11illiiRg Of.fie1BI er !lR a11th0P1ee,I re13reeeRt8ti"e fer the JlliPf!0Be eflRBJleetteR BRB e.1em1Ret1eR 1311re11E1Rt te tk1.• CeEle . H . IR eeti11atieee BREI 6111 e)s. IReilieRtel te BR) efthe ee li11t1e s !IRB iie e r s . e11t "'1tke11t lim1t!ltieR efe!l1Be. the ChiefB111lliiRg Offieial s kall e0REl11et 1R eeugE1 t1 0Re aRel a .ir· e_.s te seterm1ee eem11lteRee er R0Reem13liaRee .. itk tile J3re 1e i0Re ef tile ERgle • .-ees B111JliiR@: BRB Sefet) Celie eRB ehell iR·,·eetigete er ea11ee te Ile iR eeligateli !Iii t1ee1iieRte f!erte1RiRg ta ll111lliiRgs , atr11et11ree . JlPe1B1eee er 11tilittee fer tile JlliFJl0S e ef aeeertdHRIRg wketker the re 11111Pem e Rte ef the ERgle ee,1 B11illitRg BREI Safe~ Celie ke •e eee R u1eletes. I. Tile Chief B11illiiRg Ofeeiel er BRY em13leyee ekergeli with the e Rferee1BeRt e f tkie Celie . 1R the s1eekerge ef their effieiel el11ties . a keU Rat therell, reRli e , themselves lie Ille 13er e0 Ralcl) BRB is kerelly relie"'eB wem ell 13ers0Rel liellilit) fer BR) se1Bege that IB!I) eeeP11e te 13ere0Re er 13r013erty ae e re e11lt ef BR) eet re11111PeB , er Ii, reaeeR ef eRy set er 01Bieai0R , iR the liiseh!lrge ef theiP s11tiee .. \Ry s11it llr011gkt ageiR s t the Chief B11illiiRg Offieiel er em13le) ee eeee11ee ef e11eh aet er em1ee10R ifl the enfereemeRt ef BR'.' 13reuie10Re e f tltia Celie s hell Ile sefeRlies lly tile be gel DepertmeRt ef the City 11Rtil termiRet10R ef tile 11reeeeliiRge . Sectjon 78. Title 8 . Chapter l , Section 7 · ALTERNATE MATERIALS AND METHODS , Englewood Municipal Code 1985 . is hereby amended as follows : 42 • .. I • 0 l •! • • .. "' --· • I·~..,• • • ' A. The provisions of the Englewood Building and Safety Code are not intended to prevent the use of any material or method not specifically prescribed by the Code , provided any alternate or modification to the Code has been approved and its use a uthorized by the Chief Building Official . B. The Chief Building Official may approve any alternate material or method. provided that the proposed design , use , or operation is satisfactory and complies with the intent of this Code and that the material, method of work performed , or operation is , for the purpose intended. at least the equivalent of that prescribed in this Code in quality, strength. effectiveness . fire res istance, durability . safety a nd sanitation. C. The Chief Building Official shall require that sufficient eV1dence of co mpliance with the provisions and intent of this Code be provided when alternate materials or methods are intended to be utilized . When new technologie s. proces se . products. materials and/or uses present technical problems wluch the~ taff 1s not trained to adequately evaluate, the Chief Building Official ma y r eq w.r e t he tests be conducted to substantiate compliance with the intent and pron ion of t lu s Co de . Such evidence shall be prepared by qualified engineers, s pecialist s . la bo ratory or fire-s afety organizations . or other approved agencies acceptable to the Chief Building Offi cial and shall be provided at the expense of the person req ues ting approval of the alternate material or method . D. All details of any action granting modification of this Co de s hall be reco rd ed and entered into official records of the~ CITY . Section 79 . Title 8 , Chapter 1, Section 9 -U NLAWFlJ L ACTS. Englewood Municipal Co de 1985, is hereby amended as follows: It shall be unlawful for any person to do or cause to be done , or perform or cause to be performed any act contrary to or in-violation of any of the proVJsions of this Code or any other code , ordinance, rule or regulation promulgated thereunder, ,r,•hieh ie eRklreee aREi a&mintetere!I, lly the Qi. tsieR sf 811Mlii11g aREi Safety ef the QepaAment ef Pwlllie "'arks , ef the Qepartment ef Cemmlffltty Qe. elepment aR& the QepartmeRt ef eafe~ eepo<iees . It shall he 111Ha flt!: INCLUDING THE FOLLOWING : A. Alternate Methods , Materials and Equipment. For any person to use any method, material or equipment as an alternate to the methods, materials or equipment permitted by this Code without first having obtained approval in the manner provided . B. Licensing. To excavate, erect, construct, enlarge, remodel, alter, repair. move , improve, remove , convert or demolish any building, structure or utility in the City without first obtaining a license or certificate in acco rdance with the provisions of this Code . C. Licensee and Certificate Holder Responsibility . For any licensee or certificate holder to commit any violation of the responsibilities as enumerated elsewhere in this Code . 43 • .. ) I • 0 ( • • • .. • • • - D. Drawmg and Specifications . To make application for a permit without first having submitted drawings and specifications as required by provisions of this Code. E . Permits. To excavate, erect, construct, enlarge. remodel. alter, repair. move . improve, remove, convert or demolish any building, structure or utility in the City without first obtaining a permit in accordance with the provis10ns oftrus Code . F . Certificate of Occupancy. For any person to occupy any building or s tructure without first having obtained a certificate of occupancy as required by the provisions of this Code . The Chief Building Official may issue a temporary certificate of occupancy. G . Unsafe Buildings. For any person to maintain or permit to be ma.mtained , a n y building, structure or utility when such building, structure or utility 1s unsafe in accordance with the provisions of this Code. These requireme nts shall a pply to buildings, structures or utilities now existing, under construction or being demolished . H . Wrecking. To sell or to advertise for sale used building materials a t the s ite of wrecking operations I. Burnmg of Waste Material. For any contractor to burn paper. refuse , w ast e or other matenals at the site of any wrecking or building operation s witho ut fir s t having obtained the required permit as provided for in this Co d e . J . Excavation and Fill Materials. For any person to allow any e xcava u on t o be le ft open. or any fill material to be piled on site, for a penod m excess of s uety (60) days. The Chief Building Official may extend this period if necessary due to unu s ua l conditions. Section 80 . Title 8 , Chapter 2B , Section 2, SPECIFIC ~10DIF1CAT10!\' TO ADOPTED CODE, Paragraph J , Englewood Municipal Code 1985. 1s he reb y a me nd ed as fo ll ow J . Section 902.l, add a second paragraph as follow s: Applications for permits to construct commercial mcmerator must be approve d by the State of Colorado. the Tri-County Health Department and the Eegle·reee Ficre Qe13Htmeet CITY OF ENGLEWOOD prior to con s truction . Section 81. Title 8 , Chapter 2F. Section 2 · SPECIFIC MODIFICATIONS TO ADOPTED CODE , Englewood Municipal Code 2985 , is hereby amended as follows: The following specific changes, modifications and amendments are hereby made in the provisions of the Uniform Code for the Abatement of Dangerous building, 1994 Edition , hereinabove adopted : G . Replace chapter 9 with the following : Section 901 -Notice of Cost. When any costs are incurred by the City in causing the repair or demolition of any building done pursuant to the provisions of section 701.3 of this Code , the City Manager shall cause a statement to be prepared~ 44 • .. I • 0 ·]- • • -• ----. • • -.. DiPeet.er af Fi888ee s howing the whole cos t of repair to, or demolition of. a ny building, plus fifteen percent (15%) for administrative cos ts. and s uch statement shall be mailed to the property owner(s) with instructions that said s tatement will be pajd in full plus costs, withln thirty days of said mailing. Section 902 -Assessment. If. after thirty days from s uch mailing d a te . the full amount of s uch statement is not paid, the City Manager shall inform City Co uncil of such fact , and the Council shall thereupon enact an ordinance assessing the whole a mount of such statement, plus an additjonal ten percent (10%) of such amount, against the lots or tracts of realty to which such statement s hall pertain. Upon final passage of such ordjnance , a copy thereof shall be se nt to each person havmg a record interest in any realty upon which an assessment is made. and Hte DiPee&aP af Fi888ee eh~ eePtily such assessments SHALL BE CERTIFIED to the Co unty Treasurer who shall collect such assessments in the same manner as a d valorem taxes are collected. Section 903 · Lien Assessment. All such assessments shall co nstitute . fr om the effective date of the assessing ordinance. a perpetual be n in the seve r a l a moun ts a sessed against each lot or tract of land, and shall have prionty ove r all !.te n s e xcepting general tax bens and prior special assessments. No de lays. m1 takes . e rrors, or irregularities in any act or proceeding authorized h ere m s h all pre1 ud1 ce or mvabdate any final assessment; but the same may be r e med ied by s u bseq ue n t a mendments , acts or proceedings, as the ca se may require. Wh e n so rem ecLe d . t he same shall take effect as of the date of the original act or proceeding . Section 904 · Other Remedies. The amount of any unpaid cha rge . plus all pe n alu es added thereto, shall constitute a debt due the City. The City Attorney shall. at the direction of the City Manager, institute civil suit m the nam e of t h e City t.o recover such charges and penalties. Such remedy s hall be cumulative with a ll other remedies, including prosecution in Municipal Co urt fo r each a nd e ve ry ,·1olat10 n of this chapter. Sectjon 82. Title 8, Chapter 3A , Section 3, PERMIT REQ U IREME NTS . Engle woo d Municipal Code 1985 . is hereby amended as follows : A. Construction and Maintenance. 1. No private residential s wimming pool s hall be constructed without first obtaining a construction permit therefor from the Di, iaia8 af B1u.lEi±eg 888 ~CITY. Appbcation for permit shall be made by the contractor who is to perform the constructjon work or by the property owner, if the property owner is to perform the work. The application shall be accompanjed by duplicate sets of plans, specifications and plot plans of the property . The plot plan shall show the accurate location of the proposed swimming poo l on the property , together with the type and eight of such fencing or enclosure as may be required by Section 8-3A-7 hereof. The plans shall also show the location of existing utilities , the location of proposed utibty connections . and the location of plumbing appurtenances such as backflow prevention devices and air gaps. 2 . No construction permits shall be issued ey &he Di ieiee ef B11.ilai8g 888 ~ until the plans, specifications and plot plan have been approved by the 45 • .. . ) I • 0 ( • • I ' .. • .,-. • • - . . Tri-County District Health Department a nd by the DH"eeteP ef Utittties CITY and s uch a pproval has been properly certtfied on t h e plans. 3 . All material used in the co n s truction of pn,·ate res idential s wimming pools s h all be waterproof and easily cleaned . Constru ction a nd design of s aid p ools shall be s uch that they may be so maintaine d a nd operated in a clean a nd sanitary condition at all times . The ow n e r s of every pnvate residential swimming pool shall be responsible to maintain each pool in s uch co ndition as to prevent breaks in the pool chassis or water fr om t he poo l ove rfl owing into adjacent public or private property . B . Discharge System. All private residential swimming p oo ls co n structed witlun the City shall be provided with one drainage outlet with a m axim um outlet s ize of two inches (2") and a maximum diameter of three inches (3") which ts attach ed to the sanitary sewer system or a lawn sprinkling system on the pre mi ses. The d.Jsc h a rge of water from such swimming pools into a brook or storm sewe r s ys tem s hall be permitted only by approval of the property State, Co unty a nd City offi cials as each case requires. The DH"eeter af Ubl,ities BP hie eepertmeetel emple~ ee C ITY s h all inspect the premises on which such a poo l is planne d t o be co n s tructed in orde r to determine the proper place and type of co nnection with the drainage syste m prior t o the issuance of any construction pe rmit. Approval s hall n ot be given t o di scharge water from a swimming pool at the curb or upon the s urface of a ny street. Sectjon 83. Title 8 , Chapter 3B, Section 4 -PLANS AND SPECIFICA TIONS , Englewood ~unicipal Code 1985, is amended as folJows : It s halJ be necessary to s ubmit to the DepBPtmeet ef Cemm111Hty De·1ele11meet. the Det1e-e1n ef P,ll1iie ll'erke . the Util,itiee Depe"1meet CITY OF ENGLEWOOD and the Tri-Co unty Dis trict Health Department detailed plans and specifications before a ny public or semi-pubhc sw imming pool is instalJed , constructed, modified. remodeled, extended or e nlarge d . Before s uch work is commenced, s uch plans and s pecifications s halJ b e approved . in wntmg. by the Det1e•t111eet ef P11elie Warila , Ce11111111eit~ De •elepmeet the ~ Det1ert111e11t THE CITY OF ENGLEWOOD and the Tri-Co unty Di s trict H ealth Department with respect to the layout and arrangement of alJ areas and the m a t eria ls to be used in construction of the s wimming pool , bathing areas and associated e quipment. Section 84. Title 8 , Chapter 4 , Section 1 · NUMERICAL SYSTEM FOR NUMBERING. Englewood Municipal Code 1985, is hereby a mended as folJows : The numerical system of numbering houses and buildings is hereby adopted . One hundred (100) numbers shall be assigned to each block , or in the case of a ny unplatted territory , to each one-eighth (1/8) of a mile running north and south a nd one-s ixtee nth (1/16) of a mil e. running east and west. A. All streets rurming north and south shall be numbered s outherly co mme ncing a t Yale Avenue at number 2700 ; and all streets running east and west s h all be numbered each from Broadway as zero and west from Broadway as zero . B. While one hundred (100) numbers are alJotted to each block , the division of numbers to the frontage thereof shall be one number to each twelve and one -half 46 • ' I • 0 • • -• ... ,. ,,.--· • ... • -' feet (12 l/2') or other aliquot part of a lot or block frontage . As to t he s tree t s running north and south, even numbP.r s hall be on the east s ide of the street and odd numbers on the west s ide of the s tree t . As to the streets running eas t a nd west, the even numbers s hall be on the south s ide of the s treet a nd odd numbers on the north s ide. C. In order to preserve the general uniformity of numbering throughout the Cit y, it shall be the responsibility for the Ele11ertme11t ef Cemm>tnlty Ele ele11me11t CITY to e s tablish proper numbering for all buildings and premises within the City . Section 85. Title 8 , Chapter 4. Section 2 · OWNER'S DUTY TO NUMBER. Engle wood Municipal Code 1985, is hereby amended a s follow s: It 1s hereby made the duty of every owner a nd oc cup a nt of every building. a nd the age nts of a ll s uch owners, upon all streets and avenues of t he City upon which a s ystem of numbenng has been adopted , and in which offi cial numbe r s ha ve been provided by the City , to number their s aid buildings in accordance with s uch numbe ring system . a nd it s hall be unlawful for any such pers on to retam or u se , or t o pe rmit t o rem a in upon s u ch building, any other number than the number officiall y designated by the City fo r s u ch building. It s hall be the duty of every owner or occup a n t of a ny building, upon notice from the Ele118"me11t ef Cemm>tftity Ele ,·ele11me11t er any 11ers e11 !le s ill/ft&te!I e., die City Uenecer CITY, to ca u s e the official number to be placed on e ach building so owne d or occupied by such pers on, within thirty (30) days afte r r eceipt of s uch notice . F a ilure or refusal to comply with such notice shall constitute a violation of this Co de. Section 86. Title 8 , Chapter 5, Section 1 · MOVING PERMIT REQUI RED. Englewood Municipal Code 1985, is hereby amended as follow s: A. No person s hall perform any of the following without first having s ecured a moving permit from the Eli 1isiea ef 8>tH!linl! ena ~ ef the Ele11ertme11t ef P>tlilie Werlie, en!I ee11teete!I tlie Ele11ertme11t ef Cemm>tnl~ Ele ele11me11t: CITY: l. Move or rais e any s tructure from its found a tion . 2 . Move any s tructure to a site within the City. 3 . Move any s tructure along or across a n y public s tree t of t he Cit y . Section 87 , Title 8 , Chapter 5 , Section 2 · APPLI CATIO N, FEES A ND TERM , Engle wood Municipal Code 1985, is hereby amended a s foll ow s : A . The form for an application for a move r's permit s hall be furni s h e d by the ~ ef 811Hai.11g ea!I Safe~ ~ Be1181'1me11t ef P>thhe 'l'e rli s C ITY and s hall contain the following information: l. Name , address and telephone number of the a pplica nt. 2 . Address of present location of s tructure . 3 . Addres s of proposed location to which the s tructure is to be moved. 47 • I . .., ) I • 0 ( • • • ... • .. • -.. ~-Date and nme of proposed movement of structure . 5 . Proposed route to be used in movement of stru cture. 6 . De cnpt1on and size of t he truck and other equipment proposed to be used in the movement of the structure. B . A moving permit fee for a s tructure to be moved to a site within the City s h all be fifty doll a rs ($50 .00) and for structures to moved through or out of t h e City s hall be twenty five dollars ($25.00). C . All moving permits shall expire si.xty (60) days after date of issuance . Sectjon 88. Title 8. Chapter 5 , Section 5 -INSPECTIO NS REQU IRED , Englewood Municipal Code 1985, is amended as follows : All structures proposed to be moved into the City s hall be inspected by t h e DI\ is1eft ef 811HMBg a11d Sai'e~ CITY prior to issuance of any permit. Sectjon 89. Title 8, Chapter 5. Section 6 · GENERAL REGlJLATIONS . Subsection 2 - STRUCTURES IN COMMERCIAL DISTRICTS AND FOUR OR MORE D\'llELLI~G UNITS. Paragraph B , Englewood Municipal Code 19 85. 1s h e r eby a m e nded as follows : B. Twenty-five (2 5) copies of the aforementioned application a nd plans s h all be submitted to the PlaRBiRg Di <isieft CITY . The Plaem11g D1 1.s 1e11 CITY staff s hall re fer copies of the application and plans to all other a ppropriate agencies a nd shall transmit a report to the Planning Commission based on the mformauon s ubmitted. Sectjon 90. Title 8 , Chapter 5. Section 6 . Subsection 3 · STRUCTl..iRE '.\1 0VED TO .<\l'I OTHER JURISDICTION. Englewood Municipal Code 1985. 1s hereby a me nded as follows : If a structure is proposed to be moved from a site in Englewood to a site in a nothe r jurisdiction. the E>i, ieie11 ef 811il.di.eg a11d Safety CITY s hall give written notice to the appropriate official in the jurisdiction exercising co ntrol over the s ite to which the s tructure is to be moved . Such notice shall be given as soo n as possible after the permit is issued to insure that the timing of the move can be coordinated between the two (2) jurisdictions . Section 91. Title 8, Chapter 5, Section 7 · PREPARATION FOR ~OVJNG A STRUCTURE, Paragraph B , Englewood Municipal Code 1985. 1s hereby a m e nded as follows: B . No structure shall be raised from its foundation in prepa ration for m ovmg earlier than forty-eight (48) hours from the approved time of moving . The Chief 811tldi.ng IM,e8'11r CITY may, upon show of due cause by the structure mover, issue written approval for an extension of the above time . 48 ., 0 I • 0 - • • • ------------------------. .. -------------------------- ,,... .. • ... • - Section 92. Title . Chapte r 5 , Section · S ITE MAINTENANCE . PROHIBITED CONDITIONS, ParagTaph A. Englewood '.\1uru c1pal Co de 1985. is h ereby a me nded as follows: A. The structure mo"er s hall clean or cause the cleaning of the s ite from which the structure wa ta.ken by rem oving all debris . material or equipm e nt. Further, sa1d mover s hall fill all holes and 1rregu]ant1es of the s ite within fony-eight (-1 8) h our s after the removal oi the s tructure . Such 1te cleaning s hall be to the s atisfact10n of the Chtef B111hiiBg IBBl!eeter CITY . Section 93. Title 8 , Chapter 5 , Section 9 -TIME OF MOVEMENT. Engle wood Municipa l Code 1985, is hereby amended as foll ows : TIME OF MOVEMENT: The time of movement of a s tructure s h all be app r oved by the Tr11ffie ElilisieB , the Peliee Eli <tBiaR IIRB the FiPe Eli,1sieR CITY , and if the s tructure is to be moved over a State highway, the time of s uch move s hall be coo rdmated with the State De partment of Transportation . The structure moving permit s h a ll become null a nd void unless the move is completed within the specified time ap proved on the permit: prov ide d . how e ver. that the Chief B>ttle!Rg Offieiel CIT'{ may e xte nd the time pe riod of the m ove fo r forty -eight (48) hours after co nsulting with the a ppropriate agen cies whe n the origina l time for the m ove is rendered impractical due to incleme nt weath e r . s tn.ke s or othe r ca u ses beyond the control of the structure mover . Section 94. Title 8 , Chapter 5, Section 11 · AD\ ANCE POSTING OF RO TE . Englewood Municipal Code 1985, is hereby amended as follow s: ADVANCE POSTING OF RO UTE : Wh e n it is determine d by the Tr11ffie E1tgifteeri1tg ~ CITY that the move ment of a structure a long an approved route would be impeded by vehicles parked within the public right of way , the Treffie E1tgineerl1tg Di, 1siae CITY shall post ·'No Parking·• s igns along s uch rights of way at least forty-eight (48) hours prior to the moving of the structure . The s tructure mover shall pay the cost of posting as determined by the TP11ffie EegiBeePiRg Di istaft CITY . The Treffie ERgiReeriRg Di, ia,aB CITY shall notify the State Highway Departme nt of the proposed move on the day the moving permit is issued . Section 95. Title 8, Chapter 5 , Section 12 · USE OF STATE HIGHWAY, PRIOR APPROVAL REQUIRED , Englewood Municipal Co de 1985, is h ereby a m e nde d as follow s: It a structure is t o be moved from a site in Englewood and the mover proposes to utilize a State highway as part of the route, the Ceee EefereemeRt Di, ieiee CITY s hall notify the State Highway Depanment of the proposed move on the day the moving permit is issued . Section 96. Title 8 , Chapter 5, Section 13 · TRAFFIC HAZARD PREVENTIVE MEASURES , Englewood Municipal Code 1985 . is hereby amended as follows : A. If. in the judgment of the Treffie bft(fHleePil'lg Eli ieiel'I CITY , the moving of a structure may create a traffic hazard , a police escon, or other escort, may be required to be provided by the structure mover for the purpose of regulating traffic along the route oft he move. Where such escon 1s require d . the expense shall be 49 • ) I • 0 ( • .. • ... • - borne by the structure mover . The escort shall not have the authority to waive or vary any of the requirements of the permit or applicable sections of the Code. B. A flashing red light shall be required at each main corner of the structure being moved and at the end of any projection thereon when the structure is located within a public right-of-way . Section 97. Title 8 , Chapter 6 , Section 1 · DEMOLITION PERMIT REQt.;lREMENTS . Englewood Municipal Code 1985. is amended as follows : A. No structure within the City shall be demolished unless and until a permit therefor has been issued by the Qi"4eiBR ef BYttlHRg !lRS. S&iet. ef tke Qe13&1 tmeRl ef Pklelie "'erlie CITY. B. A separate demolition permit shall be required for each structure to be demolished . The permit shall be kept on the premises during the demolition. a nd shown . on demand, to any authorized agent of the City. C . The permit to demolish single-family residential. residential duplex and accessory structures shall be fifty dollars ($50 .00). The permit fee to dem oll h multi-family and nonresidential structures shall be two hundred dollars ($200 .00\. ~o fee s hall be r e quired of an owner of a single-family dwelling domg work on hi own premise. or of the owner of a building for which a demolition order has been gwen by the City . D. Dem olition permits shall expire sixty (60) days after the date of issuance. E . A s urety bond s hall be posed with the City by the person or co ntracto r applying fo r a demoll uon penrut. Such bond s hall be in an amount determined by the ~ B11111HBI! Qli.eiiH CITY based on the estimated cost necessary to co mplete all demolition work and to clean and level the demolltion site . Such bond s hall be m a n amount not less than one thousand dollars ($1,000 .00). Section 98. Tit.le 8 , Chapter 6 . Section 2 · APPLICATION FOR PERMIT, Englewood Municipal Code 1985, is hereby amended as follows: Persons properly licensed for demolition work can obtain an application for a demolition permit from the Qi "4eieR ef Bllileg aREi Saiet,' ehke QeJ!&P~mesi ef P kl.elie IHerlie . CITY . The application shall contain the following information: A. Name , address and telephone number of the applicant. B. Name, address and telephone number of the owner of the structure to be demolished. C. Address of the proposed demolition. D. E. Starting date and proposed time period during which the demolition would occur. Description of the proposed method of demolition and proposed methods of public protection (dust control, security, etc.). 50 • ~ . I • 0 - • • • .. .-----------------~------------- • • - Section 99. Title 9 , Chapter l , Section 4 -DEFINITIONS. Englewood Municipal Code 1985, is hereby amended as follow s: DEFINITIONS: For the purpose of this Title, the following definitions only are changed: .. APPROVED: Approval by the 81ti!ding Di 'ieiee CITY as a result either of investigations and tests conducted by it or by application of accepted principles or tests established by recognized authorities or in accordance with standards established within the Housing Code . CHIEF BUILDING OFFICIAL: Ieehuiee any aw,hePilllee eeeigeee . THE PERSON DESIGNATED BY THE CITY MA. AGER WITH THE TITLE CHIEF BUl LDI G OFFICIAL Section 100 . Title 9 , Chapter 38, Section l · LOCATIO N OF V.'lNDOWS . Englewood Municipal Code 1985, is hereby amended as follows: Windows, s kylights or transparent or translucent panels used for providing natural light or ventilation to any habitable room, shall open directly on a street, court or yard : provided. however, that the Chief Building lee11eeleP OFFICIAL may approve an indirect means of supplying natural light to habitable rooms without direct openings on the above specified areas if that ventilation as required by Section 9-3 8-3 is s upplied . Section 101. Title 9 , Chapter 5 , Section l · DEFINITIONS, Englewood Municipal Code 1985, is amended as follows : For the purpose of this Title, the following definitions only are amended to read: CHIEF BUlLDING OFFICIAL, CHIEFINSPECTOR,CHIEF BUlLDING INSPECTOR or BUILDING OFFICIAL: PERMIT: The Ghief 81ti!liing Qffieial 8P eweh effieere , ies11eeMP8 , lie1111tiee aeli aeeietaete lfl the Pwlllie "'ePite De11art111eet .. he 1118) lie awthePi~eli te enfepee e11eeifie 11•e ieieee ef this ~ THE PERSON DESIGNATED BY THE CITY MANAGER WITH THE TITLE CHIEF BUlLDING OFFICIAL A written permit issued by the Ghi.ef 8wildieg Iae11eeter CITY to construct or alter the mobile home park under these rules and regulations . Section 102. Title 9 . Chapter 5 , Section 13 -FIRE PROTECTION, Englewood Municipal Code 1985, is hereby amended as follows : A. Llttenng Prohibited. Mobile home areas shall be kept free of litter, rubbish and other flammable materials . 51 ., •,: 0 I • 0 3 ( • • .. ~ ,,-. • ... ·~ • -.. B . Fire Extinguishers. Mobile home parks shall maintain in convenient places . approved by the City QeJ!8:l't1Beet af S&ie~ Se1'¥iees, hand fire extinguishers m the ratio of one to each eight (8) units of mobile homes. Sectjon 103. Title 10 , Chapter 1, Section 3 · DEFINITIONS. Englewood Munmpal Co d e 1985. is hereby amended as follows : For the purpose of this Title, the following is the only change in Defimtions: QIRI!;CTQR: Tke Qi,peetaP af Camm11c&ity QevelBJ11Be1u. Sectjon 104. Title 10 , Chapter 2. Section 1 · SUBMISSION OF PRELI~IIN..\RY PL\T. Englewood Municipal Code 1985 , are hereby amended a s follow s: The owner of any realty required to obtam approva l of a s ubctivis 10n pla t s hall first prepare a preliminary plat of the proposed subctiv1 s 10n . and s hall s ubmit to the~ CITY t en (10) prints of the same, together with a wntten s ubdiV1 s 1on application and require d fees . Upon approval of the~ CITY, however. a pre liminary and final plat may be submitted simultaneously if the s ub1 ect realty has be e n previou s ly pl a tted a nd co n ts ts of Jess than four (4) lots . Section 105. Title 10 , Chapter 2 , Section 4 · REvlEW OF PRELI~lINARY PLAT , Paragraph A. Englewood Mumcipal Code 1985. is he reby a me nded as foll ows: A. Upon receipt of the preliminary plat and the vicinity s ketch together with the required fees , the DiPeet.er CITY shall submit one or more prints of the preliminary plat to each of the following for their recommendations in connections therewith : l. 3. a. +. 1. &. 2 . G. 3 . The QeJ!&l'tmeet ef P11hlie Werke. rban Drainage and Flood Control District. All affected utility companies . The Colorado State Highway Department. where the realty borders a State or Federal highway . +. 4 . Adjacent municipalities. if the realty borders or impacts any adjacent municipality. Saia ageeeiee eft The City , and al.I J!rioaM! ageeeiee as may ANY OTHER AGENCY , wish!NG to be represented , shall discuss the preliminary plat at a technical review meeting held within fifteen (15) days of the receipt of the preliminary plat. Recommendation of the Technical Review Committee will be forwarded to the applicant. The preliminary plat should be amended accordingly prior to submission for Planning Commission review . 52 • .. .. ) I • 0 • • • • • • 6 Section 106. Title 10 , Chapte r 2. Section 5 · FINAL PLAT , Introductory Paragrap h . Englewood Municipal Code 1985. is hereby a me nded as fo ll ows: Upon receipt by the a pplica nt of the Co mmission's written statement. t he a pplicant s hall . within six (6) months thereafter. s ubmit to the Co mmiss ion the final plat. together with s uch accompanying papers and documents as may be reqwred . An a dditio nal S IX· (6) month extension may be granted by the~ CITY for ca use. The final plat shall reflect the s ubdivision plat considered at the public heanng a nd as prev10u s ly a pproved by the Commission a nd shall contain not le ss than the foll owm g mfo rm ation : Section 107. Title 10 , Chapter 2. Section 6 · ADDITIO:-JAL D0CL1'1E:>:TS TO ACCOMPANY FI NAL PLAT, Paragraph C, Engle wood '.\l unmpal Code 19 5 . 1 her eby a mended as follow s : At the time that the applicant s ubmits t he proposed final plat. 1t s hall be acco mpamed by the following documents. if the same have not prev1ou ly bee n provid ed : C. A statement from the E>treeter of P1telie Werlt a CITY a pproVJ n g t he profil es of t he streets and a ll eys shown on the prehmma ry plat. Section 108. Title 10 , Chapter 2. Secti on ·FEES.Englewoo d Municipal Co d e 19 85 , is hereby amended as follow s: FEES: The Ci~ Ple.eBtBg 11ed ~eeit1g Ce111mtl!eie11 ie liereey em)le ,ereEI. e.eEI. e.1ttl!ert~eEI. te eelleet fer eaeh &Jl)llieatie11 fer e'tleEl.i ote1e11 a 1tntfeP111 le e. the EHBe1tnt ef wmeh ta te ee APPLICANT SHALL PAY FEES AS dete rm ined by Ci t y Co uncil te Jl&f'tially El.efl,a . the e11)leneee alteedant liJl8ft tile Ce1111111ee1e11 'a eeee1El.erat1en efthe eame BY RESOLUTIO N. A. Where it is necessary to acq uire nght-of-way for '.\,lunicipal purposes associated with s treets a nd utilities through purchase or emment domain. the cost thereof shall be recove r ed by a development fee equal to the cost of acquisition. The development fe e s hall be applied to t he property adjoinmg the acquisition a nd from which parce l the nght -o f-way was acq uired and s hall be paid a t the t ime of developm e nt or co nstruction by the owner of the property. No fe e s hall be impose d for right-of-way dedicated to the City . Section 109 . Title 10 , Chapter 3, Sections 1 · P URPOSE AND APPLICABILITY . Englewood Municipal Co de 1985, is her eby a mended as follows: Th e purpose of this Chapter is to provide for a process that accompli s hes the purpose outlined in Section 10·1·1 as it applies to s mall residentially, co mmercially a nd industrially zoned properties . To that end, the provisions in this Chapter may be applied to the s ubdivision of residentially zoned property into three (3) or few er lots or the subdivision of co mmercially or industrially zoned property of one-half (1/2) acre or less; provi ded , that no dedication for public right-of-way or other public purpose is required. 53 • ., . ' '.) I • 0 • • -• ~ --· • •,. • -... Upo n approval by the Direeter ef Cemm 111H t) De. elepmeRt CITY . previously platt.ed lots of one acre or less may be re s ubdivided without going through either the maj or or the minor s ubdivision process. Secti on 110. Title 10 . Chapter 3, Sect10n 2 · SUBMISSION OF MINOR SUBDivlSION PRELIMINARY SKETCH , Englewood Murucipal Code 1985. is hereby amended as follow The ow ner of any realty required to o btain approval of a :Min or Subdivision plat s h all fir s t prepare a preliminary sketch of the proposed subdivi sion . and s hall submit to the~ CITY five (5) prints of the sam e. together with a written s ubdivi sio n ap plication and the required fees . Section 111. Title 10 . Chapter 3. Sect10 n 3 · CONTENTS OF :\'IINOR SC B01V1 S l 01\ PRELIMINARY SKETCH , Paragraph C. Englewood :\lunic1pal Code 19 85 . 1s hereby amended as follows : The prelimmary sketch shall co ntam not les than the fo llowmg information : C. Additional Jnform at1o n . At a ny ume after s ubmi ss10 n of the :\linor Subd1\'1 10n Preliminary Sketch , the~ CITY may require the s ubm1 ss10 n of s uch fu rthe r and additional information as ma y rud in t he co nsider ation of the :\linor Subdivision Preliminary Sketch. Sectjon 112, Title 10 . Chapter 3, Section -1 • REVIEW OF :\fINOR SliBDl\lSIOI\ PRELIMINARY SKETCH , Englewood Murucipal Code 1985, is hereby amended as follows : A. Upon receipt of five (5) copies of the Minor Subdivision Preliminary Sketch . wgether with the required fees. the~ CITY BRB tile PleRRtRg Staff -hall review the sketch. B. Upon completion of consideration of the Minor Subdivision Prelimmary S ketch. the ~ CITY may approve the sketch in concept a nd permit :\linor S ubd1V1 s1on Final Plat submittal. may state the conditions or changes required for approval . or may disapprove it. After co mpletion of consideration of t he Minor Subdivision Preliminary Sketch a nd determination of whether any of the further condit10ns or r eq u1rem ents s hould be imposed, the~ CITY s hall present to the applicant a wntte n statement which shall state to the applicant whether the~ CITY has unconditionally approved, co nditionally approved or disapproved the preliminary sketch fo r fi nal plat submittal. In the event that the DiPeeteP CITY co nditiona ll y approves the Minor Subdivision Preliminary Sketch. this writte n statement s h a ll set forth the conditions and requirements to be met by the applicant a nd the reasons for the imposition thereof. In the event of a disapproval of the Minor Subdiv1S1on Preliminary Sketch, the written statement of the ~ CITY shall set forth the reasons therefor, and the applicant may appeal to the City Planning a nd Zonmg Commission. 54 • '.) I • 0 • • • ,,-. • .. • - Section 113. Title IO . Chapter 3, Section 5 -'.\IINOR S BD1V1SION FINAL PLAT. Englewood Municipal Code 1985 , is hereby amended as follows : pon receipt by the applicant of the Qiioeeter 's CITY'S wntten statement. the applicant shall . within a reasonable period of time thereafter. submit to the~ CITY the Minor Subdivision Final Plat. together with such acco mpanymg papers and documents as may be required. The final plat shall reflect the Minor Subdivision Preliminary Sketch as previously approved by the~ CITY and shall co ntain not less t h a n the fo ll owi ng information: A. The name or other designation of the Minor Subdiv1S1on a nd the legal description of the land contained therein. B. A notarized certification and dedication e xecuted by the ow ner or owners. C. A certificate executed by a registered land s urveyor ce rttfymg that the '.\lin or Subdivision Final Plat represents a s urvey made by bun . t hat a n y monuments s hown thereon actually exist at the locations indicated a nd that all dime nsions a nd other detail s a re correct. D. True bearmgs and distances to the near est est ablis hed street lines or offic ial monuments s hall be accurately de scribed on the pl at; municipal. township . co unty or sectio n line s s hall be accurately related to the lines of the Minor Subdivision by distances a nd bearings . E. The boundary lines of the area proposed to be s ubdivided with accurate angles . bearmgs and distances and the widths of all presently existing or dedicated streets mtersectmg the boundary of the tract. All dimension s reflected thereon must have been determined by accurate field survey which must balance and close w1tlun limit ofone m ten thousand (10 ,000). F All lot lines a nd other property lines with accurate dimensions m fe et a nd hundredths of a foot with bearing of angles to street and a lley lines. Lot dimensions shall close to one in ten thousand (10.000). G. Location, widths and where appropriate. nam es of all exi s ting rights-of-w ay for streets. alleys , bicycle paths or other public ways and all existing and propose d easements. either public or private. for utilities , dramage or other purposes. within the area proposed for s ubdivision a nd at lea st one hundred feet (100') imm ediately adjacent thereto. H . I. J . Flood plain, drainage channels . strea m channels , irrigation ditches , a nd any othe r significant natural features within the tract, and at least one hundred feet (100 ;) immediately adjacent thereto. Existing and proposed sewers . utility mains . culverts or other underground structures within the area proposed for subdivision and within at least one hundred feet (100') from the boundary lines thereof. Names and addresses of all persons, corporations or other entities having any interest, legal or equitable. in the property proposed to be divided and the names and addresses and signatures of the subdivider and Colorado licensed and registered land surveyor who prepared the final plat. 55 • " ) I • 0 • • • .. ~ ,,-. • .. • -' K. Space for notation of action of the ~ CITY and date thereof and signatures of t he~ CITY :\IANAGER OR DESIGNEE . aRe DH"eeter ef Pttelie Werke. Section 114. Title 10, Chapter 3. Section i · REVIEW OF MINOR SUBDIVISION FINAL PLAT . Englewood Municipal Code 1985 . is hereby amended as follow s: Upon receipt of the Minor SubdJvision Final Plat. together with the required fees. the Difoeeter aee CITY Planning Staff shall submit one or more prints of the Minor Subdivis10n Final Plat to each of the following for their recommendations in connection therewith : ... 8. c . The De11aff1BeRt ef P~elie Werks . The DeJ!&ftmeet ef Utilities. The De11artmeRt ef Safe to, Sel'\ iees . Urban Drainage and Flood Control. I)., A. &B. All interested gas, elec tric. telephone and other utility compa nies. ~ C. The Colorado State Highway Department, if the realty borders a State or Fed e ral highway. Said agencies of the City . together with all private agencies as may wish t o be rep r e ented. shall discuss the prelimmary design at a Technical Review ;v1eeting held within fifte e n o ·) days of the receipt of the Minor Subdivision Final Plat. Section 115. 'I'itle 10 . Chapter 3, Sectton 8 · APPROVJ1'G THE :\1l~OR SL13Dl\l ION FINAL PLAT . Englewood :\lumcipal Code 1985 . 1s hereby a me nded as foll ows : A. Upon s ubmission to the~ CITY of a Minor Subdiv1s1on Final Plat meeti ng the reqwrements and conditions of these minor s ubd1v1 s1on regulations. the ~ CITY shal.l approve, condJtionally approve or disapprove a :\liner Subdivision Final Plat within twenty (2 0) days after receiving the Minor Subdivision Final Plat. The basis for the Difoeeter 'e CITY'S conditional approval or disapproval of a l\llinor Subdivision Final Plat s hall be stated 10 writing. B . The Difoeeter'e CI1TS approval of any Minor Subdivision Final Plat s hall be in writing and the l\llinor Subdivision Final Plat. together with the Difoeeter 'e CITY'S approval thereof, the due execution of all certificates appearing upon the same . the final plat and all other required documents s hal.l be recorded with the Clerk and Recorder of the County of Arapahoe by the City Clerk, the expense of which s hall be borne by the applicant and which shall be paid prior to the recording thereof. No approval of any Minor Subdivision Final Plat s hall be effective until the same is recorded. Section 116, Title 10 , Chapter 3, Section 9 · FEES, Englewood Municipal Code 1985, is hereby amended as follows : 56 • .. • ) I • 0 • • • .. ~ -• I • .. • -" The a pplicant s hall pay fees as determined by Ci ty Co uncil to partially defray t he expen ses attenda nt upon the Commission's co nsideration of the ap pli cation . A sch edule of fee s 1s on file with the Ele118.l'tmeftt ef Cemm-i~ Ele,.ele11meftt CITY . Section 117. Title 10, Chapter 4, Section 1 • PLA:-J NING PRIN C IPLES . Paragra ph B : Englewood Municipal Code 1985, is hereby a mended as follow : B. The provisions contained in this Chapter are general guidelines and standards for preparation of preliminary and final plats. \Vhenever the tract to be s ubdivided is of such unusual size or shape, or is s urrounded by s u ch development or conditions that the strict application of the provis ion s of these sect10 n s may r es ult m s ubstantial hards hips , the Commission may vary or modify uch stand a rd to the end that the s ubdivis ion may be developed co n si s tent with public we lfa r e a nd safety as approved by the Elifoeete, ef Pttlllte \l'e rli e CITY . Section 118. Title 10, Chapter 4 . Section 3 · RAILROAD RIGHTS-OF-\\:\ Y, Englewood Municipal Code 1985, is hereby a me nded a s follo ws : Where a s ubdivision is adjace nt to or adio m a railroad ri ght-of-way . provision of space fo r grade separations, buffer stnp a nd other protective treatme nt s h a ll be m a de to the extent and type as shall be determmed by the Eht e eMP ef Pttlllie "'erhe C ITY in coo rdination with the railroad. Section 119. Title 10. Chapter 4. Section 4 . Subsection 1 -STREET GRADES . Engle woo d Municipal Code 1985. is hereby amended as follows : A. U nless otherwise dete rmined by the EliPeete, ef Pttlllie Werlie CITY, street grades s hall conform in general with the terram and s hould not be le ss than three-tenths of one percent (.3%) nor more than s ix percent (6%) for arterial a nd co llector s treets. and not le ss than three-tenths of on e pe rcent (.3%) nor more tha n t e n perce nt (l 0 %) for local streets and c ul -de-s acs . B . Minimal grades are preferred from fifty feet (50') to one hundred feet (100') away from an intersection. but in no case s hall grades exceed four pe rcent (4 %) for a dis tance le ss than one hundred feet (100') from a ll inte r sections . C. All changes in street grades s hall be connected by vertica l curves of a minim um length of one hundred feet ( 100') . Section 120. Title 10 , Chapter 4 , Section 4. Subsection 2 · STREET INTERSECTIO NS AND CURVES , Englewood Municipal Code 1985, is hereby amended as follows : A. B. Inters ections. Street intersections shall be at right angles or nearly so and no point on a curve shall be in the intersection unless unus ual circumstances dictate divergence . Radii of Curvature. The minimum radii of curvature of streets, on ce nter lines , shall be approved by the Ele11&PtB1eftt ef Saiet) Se Po ieee CITY and shall be: 57 • ., . • J I • 0 - ( • • ~ ,,.. .. • '' .. • - l. Freeways· shall be specifically designated . 2. Arterial streets · -100 feet . 3. Collector streets -300 feet . -1 . Loca I s treets · 200 feet. 5. Cul-de-sacs · 150 feet . ·• ,. .. C. Reverse Curves. Between reverse curves on all s treets there s hall be a tange nt at least one hundred feet (100') long . Section 121 . Title 10. Chapte r 4 . Section 4 , Subsection 3 · CUL-DE-SACS . Eng le woo d Municipal Code 1985, 1s hereby amended as follows : The overall length of a cul-de-s ac or "dead-end'" s tree t h ould not e xcee d three hundre d feet (3 00') and shall be designed with a turnaround of n ot le ss than nmety feet (90") in dia me t e r of right-of-way at the closed e nd and with curb diameter of not le ss than seve nty feet (iO"\ unless otherwise determined by the Ele!lart111eRt e f S!lfely Ser 1ee s c1n·. Section 122. Title 10, Chapter -1. Sect1on 5 (SIDEWALK ). Englewoo d :vtum c1p al Code 1985 , is hereby amended as follows : All sidewalks shall be located as reqwred by the El1t"eeter ef P~l!lte ll'erks c1n·. wh ose designations as to the setbacks s hall be based upon the publ.tc afety a nd co nvemence. Sectjon 123. Title 10 , Chapter 4 . Section 11 · EASEl\'1ENTS , Paragraph B. Englewood Municipal Code 1985. is hereby amended as follows : B. Whenever any s tream . irrigation ditch or other waterco urse is located m a subdivi.sion . the subdivided. at his expense , s hall provide and reserve easem e nts along such streams, ditches and watercourses in s uch widths a s approved by the E>ireeter ef Pttl!lie Werke CITY for the purpose of widemng . improving, protecting and maintaining same and for drainage and recreational purpos es . The s ubdivided shall submit any data , including plats of profiles and contours, designs, calculations, etc., which may assist the Ellf'eeter ef P~l!lie "'arks CITY in the preparation of any statement required of !um r egarding dramage conditions in the proposed subdivision and any drainage facilities propo ed by the s ubd1v1d e r to serve the subdivision. Section 124, Title 11, Chapter IA , Section 2 -IMPO NDMENT OF '.\10TOR VEHICLES , Englewood Municipal Code 1985, is hereby amended as follows : A vehicle, under any of the circumstances set forth below , 1s considered to be an obstruction to traffic or a public nuisance . Any police officer or Code e nforcement officer, at the direction of the E>il'eeter sf Safety Sepo•ieee CITY , is hereby authonzed to remove or cause to be removed, such obstruction or nuisance from any public or pnvate way or place whenever such vehicle: 58 ~ • I • 0 ] • • • .. ~ ,-. • • -' A. Is left unattended upon a ny bridge. viaduct. s ubw ay , tunnel. or where uch vehicle constitutes an obstruction to traffic : 8 . Is left unattended upon a public way. a nd is o disabled as to co ns titute an obstruction to traffic, and the perso n in charge of t hat vehicl e is incapacitated by reason of intoxication or phys ical injury to the e xte nt as to be unable to provide fo r its custody or a ppropriate rem oval: C. Is left unattended and illegally parked upon a str eet or a lley , illegall y parked so as to constitute a hazard or obstruction to the normal movement of traffic: D. Is left unattended on any public street with the e ngine running, or with the keys in the ignition switch or lock ; E . Is parked in violation of any traffic ordina nce , a nd is a n actual or pote ntial obstruction or hazard to any lawful function or limits the normal access to a u se of any public or pnvate property; F . Is left without an operator, the operator wh o has bee n taken into custody by the E>e11aMmeet ef Sef-e., Sel'\1eee CITY a nd the ve hi cle . or motor vehicle . would . there by, be left una ttended up on a stree t or highw ay or r estn cted parkmg area . or other public right,of-way . G . Is bei ng operated upon the str eet or othe r public way of the City , 1s a pp a r e ntly unsafe due to the mechanical co ndition or 1s m s uch a co ndition t hat 1t co uld not be legally operated upon the City streets or othe r pu blic way ; H . Is being operated upon the streets or other public way by a person without a current and valid operator's or chauffeur's li ce nse, or m vio lation of the re strictio ns imposed upon their license, or while the perso n 's operator's or chauffeur's li ce n se has been suspended, denied , revoked , or ca nceled by the stat e of iss uance a nd the r e is no licensed driver present and ca pable to operate the vehicle: I. Is found to be parked unattende d on any public way in vio lation of the r egistr a t io n requirements of the State of Colorado . or has no visi ble registration number plates attached. Section 125 . Title 11 , Chapter IA . Section 4 · DISPOSITIO N OF NCL-\IMED IMPOUNDED VEHICLES, Englewood Municipa l Code 1985, 1s a m e nde d a s follows : Whenever a ve hicle has been impounded in accordance with provisions of this Article a nd no claim of ownership or right to possession has been ma de . or , if m a de , has not been established to the satisfaction of the E>i!oeeter ef Sefety Se!'\ iee s CITY or Hea nng Officer and no suit or action to determine s uch claim has been instituted a nd pending, the ~ ef Sefet, SeP">ieee CITY may dispose of such vehicle by the following means: A. The E>i!oee,er ef Sefet, SePYieee CITY shall ca use notice to be given to a ll pe r sons known by the E>il'eeter ef Sefet) SePYieee CITY to claim an interest in the ve hicle , within thirty (30) days after impoundment of the vehicle . This notice s hall be personally delivered , or sent by registered or certified mail , to the last known address of the business or home of the person to be notified . If not otherwise known te-ffle E>il'eeter ef Safety Se!'\ ieee , the identify of s uch persons will be 59 • ' .. ) I • 0 ( • • • .. ,. ,,,..... • 1 , ,. • • .. obtained from the Motor Vehicle Divi sion of the state in which s uch velucle 1s licensed or registered . The notice will co ntain : 1. An 1tem1zed statement of the amount of money due for removal and s torage of the vehicle as of the date of notice , and the cost of s torage per day for co ntinued storage : 2. A des cription of the vehicle to mclude . but not be limited to. the VIN numbe r and the state license/registration ; 3. A demand that the amount due , as stated in the notice , and all additional claims that should accrue, must be paid in full , and the right of pos session of the vehicle shall be established to the satisfaction of the E)ireelar af Safely eet'¥tee8 CITY; 4. A statement that unless the amount of the towing and storage due is paid. and the right to possession of the vehicle is established to the satisfaction of the Chief af Paltee CITY within fifteen (15 ) days after receipt of this notice. the vehicle will be disposed ofby public a uction or otherwise . as determined by the E)ireetap af Safet,y Sel"oteeB CITY. B . The E)weetar af Se.fet~ Sel"·ieee CITY. ei ther m acco rdance with the terms of the notice set forth in the preceding subparagraph A. or without gwmg any notice if no person claiming any interest 1s known to the blireelar af Safet:· Ser ieea CITY after diligent search, will declare the vehicle abandoned and s hall immediately thereafter transmit to the City's purchasing office r the custody of s uch vehicle , together with a transcript of information and proceedings concernmg the vehicle . The City's purchasing officer may then dispose of the vehicle either by : C. I. Public auction ; 2 . Sealed bid: 3. Or, when in the best judgment of the purchasing officer, any bids are disadvantageous to the City , no bids are received , or the vehicle may better be disposed of in other ways , the purchas ing officer may dispose of the vehicle to the best advantage of the City , for example: a . Exchange for payment due to the towing agency for tow and storage fee ; b. Appropriate the vehicle to the City for use as a City-owned vehicle ; cause all costs of towing and s torage to be paid: and h ave the vehicle registration and ownership transferred to the City ; c. Conversion to scrap metal. All such dispositions listed here under s ubparagraph B shall terminate the City from any further responsibility or duty to further retam or store the vehicle. When disposition is by public auction , the place of sale shall be the location where the vehicle is stored or impounded. However, if such location is patently unsuitable for that purpose, the vehicle will be transported to a more suitable place designated by the City's purchasing officer . The City's purchasing officer shall 60 ' ,. I • 0 - • • -• .. " .,,-. • '• .. ... • -... publish at least once , but preferably more often. m the local official n e ws pa pe r . a notice of the s al e. which s hall contain the following : 1. De scr1pu on of the vehicle to be s old : 2 . tate m e nt of whe n and where the s ale will take place . The ale will be he ld not le s s than fifteen (15) days from the date of this noti ce. D. The City's purcha s mg officer shall pay the amounts due for towing and s torage of the velucle. the reaso nable expense for the notice or advertisement. and any auction fee s , fr om the proceeds of the s ale. The balance of the proceeds . if a ny. w1U be paid mto the City Treas ury General Fund. E. When any velucle 1s offered for ale at a uction or sealed bid purs uant t o the terms of this Section. the City's purchasing officer may announce the total amount of charges or expenses of notice. advertisement and sale. and declare that a ll bids must be in excess of his total amount. If no bids are received in exce ss of this t otal amount, the vehicle shaU be declared sold to the City for the a mount oft he charges : likewise, if any vehicle is offered for s ale at auction pursuant t o the te rm s of this Section and there is no bid for same . the vehicle s hall be de clared sold t o the City for the amount of the charges. In either event the vehicle s hall be place d in the custody of the service center, 1rnli!ie werke iii·,ieiee. for the s ole be ne fit a nd u se of the City. F. There shall be no right to redemption or recovery from any s ale or other di s pos ition made pursuant to the terms of this Section and , after a vehicle has been so ld or disposed of pursuant to such terms , neither the City , nor any officer , agent or employee thereof shaU be Liable for a failure to deliver u ch ,·e hicl e to anyone claiming a right of redemption. Section 126. Title 11. Chapter IA , Section 5 · DISPOSITION OF IMPO U NDED VEHICLES WHEN OWNERSHIP HAS BEEN ESTABLISHED , Engl e wood Muruc1p a l Code 1985, is hereby amended as follows: Whenever a vehicle has been impounded in accordance with provisions of this Article , a nd ownership has been es tablished to the satisfaction of the E>ireeter ef g,.feey Sepo·iee e CITY or Hearing Officer. or legitunate claim has been made . the owner or claunant wtll be notified of the location of the vehicle and the owner's or claimant's liability for a ll fee s pending agains t the velucle , and the owner's right to request. within ten (10) days after receipt of th1 s notice . an admmistrative hearing to determine the legality of the tow. A . No veh1cl e will be releas ed from storage or impound until all fees accrued for towmg a nd s torage are paid. B. If the velucle is not claimed within fifteen (15) days after notice has been given to remove the vehicle. the provisions of Section 11-IA-4 of this Article s hall apply and the vehicle may be disposed of in acco rdance with the provis ions of said Section 11 · IA-4 , Disposition of Unclaimed Impounded Vehicles. 61 • . . ) I • 0 - ( • • • ,. -· • ... • - Section 127. Title 11, Chapter IA, Section 6 · OWNER'S OPPORTUNITY TO REQUEST HEARING, Englewood Municipal Code 1985 , is hereby ame nded as follows: A. Whenever a vehicle has been impounded purs uant to the provisions of tlus Article , the registered owner or other individual having right to possession of the ve hicl e has the right to request a po st-seizure administrative hearmg to determine whether there was probable cause to impound said vehicle , if s uch person file s a written demand , on forms so provided for s uch a hearing, with the City Qepftt't,meel ef Safe,~ Ser,>iees . Such hearing s hall be r eq uested within ten ( I 0) days after such person has learned said ve hicle has been impounded. or witlun ten (10) days of the postmarked date of sending such notice of impoundment, whichever occurs first. Such notice shall be se nt by certified m ail to the address of record of the registered owner. B. If the vehicle has been impounded as an aba nd oned ve lucl e, the Pel!ee Depa!'tlllef!t CITY shall follow the requirements set forth at title 42 . article 4. part 16 , Colorad o Revised Statutes 1984. as a mended. for the purpose of notification of the re gi st ered owner of the vehicle 's status a nd the right to request hearing. C . If the vehicle has been impounded for a violation of motor vehicle r egistr a tion laws . inspection law s , or traffic laws, the Depa!'tmeRt ef Safety Ser ~ees CITY s ha ll notify the registered ow ner of his right to r eq ue st a hea ring within forty-eight (48 ) hours of impoundment, excluding weekends and City holidays. Such notic e s hall include the following information: D. I . The address and telephone number the KRgle eee De11a!'tmeflt ef Sefet. 8eP¥ieee CITY : 2. The location of storage of the motor vehicle ; 3 . A description of the motor vehicle , which s hall include, if ava ilable. t he ma ke. model, license place number, mileage , and vehicle ide ntificat10n numbe r ; 4. The reasons for which the motor vehicle was order ed impounded ; a nd 5 . That, in order to obtain a hearing concerning the validity of t he unpoundment, the owner must request s uch hearing from the City De 11af'tm e et sf S&kt, eet'¥ieee within ten (10) days after the postmarked date a ppearing on the notice. Failure of the owner to request a bearing within the a bo ve time frame s . or failure to appear for a scheduled bearing, s hall be deemed a wawer of the nght to s uch hearing. Section 128, Title 11 , Chapter IA , Section 7 · REFERRAL TO HEARING OFFICER, Englewood Municipal Code 1985, is hereby a mended as follows : A . 8 . The Hearing Officer shall be designated by the City Manager. Upon receipt by the De1111N111enl ef Safe" Ser, ieee CITY of a written request for a hearing, such hearing shall be conducted by the Hearing Officer within forty-eight 62 • I • 0 ] • • -• .. ,. .,,.-. • , , ... .. • -' ' (48) h ours. excl uding weekends a nd City holid ays, unless s uch person requestin g t h e hea ring waives the right to a s p ee dy hearing. C. The so le issues before t he Hearm g Officer s h a ll be (1) whether there wa s probable ca use to impound t he vehicle in question. "Probable ca u se to impound" s hall mean s uch a stat e of facts as would lead a person of ordi nary care a nd prudence to believe that there wa s s uffi cie nt breac h of local , State or Federal la w to grant legal a uthority for the re moval of t h e vehicle: (2) the perso n r equ estin g the h ear ing is the registered owner or other individual h aving right to possession of the ,·ehicle . Section 129. Title 11. Chapter IA, Section 8 -CO ND UCT OF HEARI NG. Engl e wood Municipal Code 1985 . is hereby a m e nded as follows: A. The Hearing Officer s hall co nduct the hearing in a n informal m a nne r a nd s hall n ot he bound by technical rules of evidence. Such hearing s h a ll be ta p e reco rd ed . B. The Qe11al'tmeBt af eafet, eepa ieea CITY s hall carry th e burden of es tablis hing that there was proba ble ca u se to impound the vehicle in questio n . C. The Hearing Officer s h a ll only determine t h a t , as to the ve hi cle in q uestion . the person requestmg the hearing is the registered ow n er or other indiv1d ual havmg right to po sse ssion , and eithe r (1) there was probably ca u se to impound the vehicle , or (2) there was n o s uch probably ca use . D. E F . G. At the conclusion of the heanng, t he Hearin g Officer s hall pr e pare a writte n decision . A copy of s uch d ec1s 1on s hall be provided to t he mdiv1dual requ estmg the hearing a nd the Qe 11ertmeBt af eitfei, ee.,'lees C ITY . In the eve nt t h at the Hearing Officer determin es that the re was n o u ch proba ble cau se. t he Hearing Officer s hall prepar e a "certificat e of no probable ca use". co pie s of which s h all be given to the owne r of the vehicle , the QeJ181'ltll e Bt af eaiei, eepa 1ee a CITY . a nd the garage stormg the vehicle . U pon rece ipt of the owne r's co py of such ce rtificate . the police garage h avin g custody of the veh icl e hall release the vehicle to its owne r . U pon a finding of no probable ca u se. towmg a nd storage fe es s h a ll be pa id by the City in accordance with arrangements made betwee n t he Ci t y a nd police ga r ages . If the owner fail s to present s uch certificate to the pohce garage h avmg cu stody of the vehicle within twenty-four (24) hours of its receipt. e xcluding s u ch days when the gar age is not ope n for busin ess, the owne r s h a ll ass um e liability for all s ubse quent stor age charges. Such ce rtificate s hall inform the owne r of such requirement. If the Hearing Officer determines that the impoundme nt was va lid a nd if the owner does not comply with the appropriate ordinances within ten (10) d ays of the Hearing Officer's decision and refuses to remove the motor ve hicle by me a n s other under its own power on a public highway, the CITY OF Englewood Qe111trtmeBt af eafei, eervieea shall have reasonable grounds to be li eve the motor ve hicle has been abandoned and the provi s ion s of Section 11 -I A-4 of this Articl e s h all a pply a nd the vehicle may be dispose d of in a ccorda nce with the prov1S1on s of a id Section 11-IA- 4, Disposition of U ncl a imed Vehicles. 63 • . . ' 0 I • 0 J ( • • -• ,. --. • ! • .. • • H. The Hearing Officer's decision in no way affects any crimina l proceeding in connection with the impound in question , and any criminal charges involved in such proceeding may only be challenged in the a ppropriate court. I. The decision of the Hearing Officer is final. Section 130. Title 11 , Chapter 2, Section 10 -DISCO ::-IT : ASSESSr-!E:-IT ROLL RETURNED , Englewood Municipal Code 1985 . is he reby a mended a s foll ows: A. Payment may be made to the DH"eeteP ef Fine11eial Serriees CITY at any time within thirty (30) days after the final publication of the a s s e ssing ordinance a nd a n allowance of five percent (5 %) shall be made on all payments made dunng s uch period but not thereafter. B . At the expiration of said thirty (30) day period . the Dif'eete, ef Fine.Retel Se, .tees CITY shall return the local assessment roll to the Cle rk , t h er e m s howmg a ll payments made with the date of each payment. Said r oll s h a ll the reafte r be certified by the Clerk under the seal of the Municipality a nd de liY ere d by t h e Clerk to the County Treasurer of the same County with the Clerk' warrant fo r the collection of the same. C . If the DH"eeteP ef Fi11e11eiel Serviees CITY is directed by ordinance to co ll ec t assessment payments as provided in subsection 11-2-IOA . m li e u of the proce dure specified in subsection B of this Section. the DH"eeter s f F111e11e1al Se, .. 1ee s C ITY may keep the assessment roll numbered for convenient reference in s uch a manner as to best facilitate the collection and recording of assessment payme nts. Section 131. Title 11 , Chapter 3. Section 1 -DEFINITIONS. Englewood :\1unic1p a l Cod e 1985, is hereby amended as follows : The following definition only 1s deleted from this Section : DIR!';CTOR The DH"eeter ef P 111!1ie "'erks er Dtt eeters tie s ig11ee Section 132. Title 11. Chapter 3 , Sect1on 3 -OBSTR UC TIONS AND HARMF U L SUBSTANCES, Paragraph A , Englewood Municipal Code 1985. 1s he re by a mended a s follows : A. Materials. Except as otherwise provided in this Co de. 1t s hall be unlawful for a ny person to obstruct a street, sidewalk or gutter with any debns . lumber, s and . gravel, dirt, abandoned or wrecked automobiles or other matenal of s ubs tance , without first obtaining written permission from the~ CITY . Such permit may b e granted only where th e obstruction is nece s sary for the cons truction, alteration or repair of the adjoining property, and such pe rmitted obstruction shall be limited to as s h ort a time as is reasonably possible . Each day t hat s uch an unlawful obstruction is permitted to exist shall constitute a separate and distinct offense . 64 •, I • 0 ]- -• • .. ~-. • • -' Section 133. Title 11 . Chapter 3 , Semon 4 · E:'IJCROACH'.\IENTS. Paragraph C. Englewood Municipal Code 1985 , is hereby amended as follows : An encroachment into the public right-of-way for the following structures may be granted , provided the following terms a nd co ndit10n s ar e sausfied : C. No encroachment under this Section s hall be e ffective until an e ncroachment permit and indemnity agreement have been s igned by the property owner requesting the encroachment and recorded in the office of the Clerk and Recorder of Arapahoe County . Said encroachment permit and indemnity a greement shall be prepared by the QiPeeter ef Cemm1u1ity Qe ele13meRt BRB. If meetmg eli reit1e1iremeRte , e1313re efi lly MIR er her 8RB tl!e QiPeeter ef P1e11!lie Werks CITY . The encroachment permit and indemnity agreement shall contain the legal descnpt10n of the property owned abutting the public right-of-way to be encroached . t he purpose of the encroachment, that the encroachment permit and indemruty agreement is a revocable license. revocable by City Council at will. and that the property owner or his or her heirs and assigns s hall remove said structure w1thm thirty (30) days after notice of revocation : that the property owner I es t op pe d to deny the right of the City to revoke the e ncroachment agreement, and that the property owner agrees to reimburse and indemnify the City for all expe nse of revoking the agreement or removing the encroachment. The property owner requesting the encroachment s hall pay all reasonable expenses of prepanng a nd recording the encroachment permit and indemnity agreement. Section 134. Title 11 , Chapter 3A , Section I -ENFORCEMENT AND 1:--JSPE CT!Ol\:S . Englewood Municipal Code 1985 , is amended as follows : It shall be the duty of the I)if,eeteP CITY to see that the provisio ns of this Article are enforced. and for such purpose he shall have the right to make inspect10ns at a ny time. to reiect any work or materials which are defective or do not co nform with the reqwrem e nts oftlus Code . Section 135. Title 11 , Chapter 3A, Section 2 -PERMIT REQUIRED. PERMIT FEES, Paragraph A, Englewood Municipal Code 1985 . 1s here by a mende d as follows : A. It shall be unlawful for any person to construct any sidewalk, curb. gutter, curb cut or driveway within the City limits without fir st obtaining a pe rmit therefor from the~ CITY . Such permits will be iss ued only to regularly licensed and bonded concrete contractors who post with the City each year a performance bond effective for two (2) years m the amount of five thousand dollars ($5 ,000.00) unless the total value of the concrete construction for the calendar yea r shall exceed five thousand dollars ($5,000.00) in aggregate , then the total bond shall be ten thousand dollars ($10,000 .00); or to a homeowner for the property in which he owns and resides . The permit s hall expire ninety (90) days after the day of issuance . Section 136. Title 11 Chapter 3A. Sect1on 3 -SURVEY REQUIRED , Englewood Mumcipal Code 1985. ,s hereby amended as follows : No permit for the mstallauon of any s idewalk , curb, gutter, curb c ut or driveway s hall be issued until the applicant has presented to the~ CITY a certificate of survey by a 65 0 I • 0 ( • • • • ,. • ... • - registered engmeer or registered surveyor establishing the grade a nd location of the proposed co nstruction and showing that it conforms with the grades and types set forth in the official street and alley profile ma ps which are kept on file in the CITY offices ~ ~: provided . how eve r . that this may not be required when the necessary inform ation is avatlable in the C ITY offices ef the J:>iPeeter. Section 137. Title 11 , Chapter 3A , Section 4 · STANDARDS. Englewoo d :\1unicipal Co de 1985, is hereby amended as follows: Sidewalks, driveways. curbs a nd gutters shall be constructe d m acco rd ance with the de tails shown on the plans s ubmitted . Any si dewalks that are to be co n s tructed OYe r basement areas projecting out into the confines of streets s hall h ave detaile d plans of co n s truction s ubmitted to the~ CITY a nd his a pproval sec ured before work IS starte d . Sidewalk s must have a minimum thickness of four inches (4"). Dri veway mu t have a n a verage minimum thickness of s ix inches (6") and must be constructed fo r the full width of the driveway from the back of the c urb or back edge of s ide wa lk or co mbma t 10 n cur b. gutter a nd s idewalk to the prope rty line . No ribbon driveways will be pernmted w1 t hm th e confines of public rights of way . The~ CITY s h a ll have a uthonty t o allow mmor deviations from the s tandards herem required. Appeal from a n y dec1s 1on of t he ~ CITY pertaining to this Section may be made to the Boa.rd of Adiustment a nd Appeals . Section 138. Title II. Chapter 3A. Sec tion 5 ·GRADES .Englewoo d ~lumc1pa l Co d e 19 85, is hereby amended as follow s : When curbing is in place at proposed s idewalk site. the grade from t he top of the c urb back to the edge of the sidewalk s hall rise at a rate of not less tha n on e -fourth mch p r foo t (lf.''/1 '). The rate of any nse m excess of this s hall be approved by the~ C l TY befo re construction is commenced . Sidewalk proper shall s lop e toward the c urb at t he rate of one -fourth inch per foot (l/i '/1') of width. Ground between back e dge of 1dewalk a nd t h e property line s hall also s lope toward the c urb at the rate of approximately one -fo urth m ch pe r foot (lf.''/1 '). A grade s urvey shall be secure d from the effiee e f the~ C ITY befo re work is undertaken. which s hall establish the co rrect e levation for the back edge of t h e s idewalk. Such grade s urvey will not be furnis hed in co nnection with iss ua nce of permit fo r construction of sidewalks but must be request ed s eparately . Section 139. Title 11. Chapter 3A, Section 6 · STANDARDS SPECIFICALLY SET , Engle wood Municipal Cod e 1985, is hereby a me nde d as follows : A . B. Curb Cuts. At c urb c uts, the co ntractor s h a ll remove so much of t h e curb a nd gutter as is necessary to permit prope r cons truction of the drive way e ntrance a nd maintenance of the gutter . Downspout Drainage . Downspouts and other drainage flowing into streets must be carried under sidewalks and parkings in suitable pipes and disc h arged through the curbing into the gutter. Such pipes shall not be le ss than four inches (4") in diameter. Other methods of carrying water across sidewa lks a nd parkings mus t be approved in advance by the~ CITY. C. Contractor to Set Mark . All s idewalks. curbs, gutte r s and dnveways s hall h ave the name of the contractor and year of construction impressed the re in , u s mg block 66 • ) I • 0 - • • • .. ~ _.,-. • • • ' letters one inch (l") high and three-eig hths in ch (3/8") deep. One impression shall be made in each driveway. Impress ion shall be made in sidewalks . curbs and gutters at each end of construction or a t one hundred foot (100 ') intervals and at each extension to curbing. D. Traffic Control Devices . At the time appltcauon 1s made fo r pe rmit to co nstruct s idewalks , servicea walks and drive way s , the Traffi c Engineer s hall be adV1sed of any traffic control device s or street signs that may be affected by the prop osed construction. and no s uch devices or signs shall be removed or re located until approval of the Traffic Engineer is sec ured. The cost of a ny r e location shall be paid by the contractor. E. Power Line Poles . Whenever power line pol es are loca t ed within limits of proposed construction, the effiee ehhe E>iPeeler CITY hall be so advised at the tim e application is made for permit. Arrangements will then be ma de for rel ocating s uch poles outside the area to be concreted if relocation is feasible . Co ncrete shall not be placed at pole locations until s uch pole s have been moved or the ~ CITY has advised the contractor that it is satisfact ory to procee d witho ut moving the poles . F . .Trees . When trees are located within the a rea to be concreted, and the f)iPeeteP CITY has approved such trees being left in place . a n open space eighteen inche s (18") wide shall be left around each tree. It will not be nece ssary to leave s uch open space between a tree a nd the edge of a walk exte nding along only one side of a tree. G . Water Stop Boxes . Water s top boxe s located within area to be co ncreted s hall be adjusted by the contractor to be flush with the s urface of the finished concrete . Section 140. Title 11, Chapter 3A , Section 7 · BARRICADES AND LIGHTS , Engl ewood Municipal Code 1985 , is hereby amended as follows : The contractor shall provide and maintain proper barricades and ltghts at all co nstruction locations until such time as concrete is ready to be opened to use . If the~ CITY does not co nsider such barricades and lights proper or s uffi cie nt, the co ntractor will be a dnsed and requested to correct the situation promptly . Mainte nance of pro pe r barncades a nd lights s hall in no manner relieve the contractor of liability for iniunes to per so n s or damage to property incurred as a re s ult of the co nstructio n. Lights s h all be ltt before dusk and shall remain lighted until after daylight the next mornm g . Section 141. Title 11 , Chapter 3B. Section 2 · SIDEWALKS AND SERVICE WALKS WIDTH AND LOCATION , Paragraph A, Englewood ~urucipal Code 1985 . is hereby amended as follows : A Sidewalks in residential areas s hall in general conform to existing walk s in the same block or district. Sidewalks set back away from curbs shall be not le ss than four feet (4') in width unless otherwise appro,·ed by the~ CITY . Section 142. Title 11 , Chapter 38, Section 4 · CONSTRUCTION MATERIALS . P aragraph C, Englewood Municipal Code 1985 , is here by amended as follow s: 67 • . ' 0 I • 0 ( • • ,. • •·. ·.•· .. • -... C. Fine Aggregate. Fine aggregate shall consist of natural sand or of sand prepared from stone, blast-furnace slag or gravel. It shall be free from lumps of clay , alkali. soft or flaky materials and injurious amounts of organic impurities. When subjected to the colorimetric test for organic impurities and producing a color darker than the standard, it shall not be used without approval from the ~ CITY. Fine aggregate shall be graded from coarse to fine and when tested by means of laboratory sieves shall conform to the following reqwrements : Sieve Size 318 inch No. 4 No . 16 No. 50 No. 100 Percentage Passing 100 95 to 100 45 to 80 10 to 30 2 to 10 Section 143 . Title 11 , Chapter 3B , Section 4 · CONSTRliCTJO:-.: ~UTERI AL Paragraph E , Englewood Municipal Code 1985 , is hereby amended as follow E . Air-Entraining Admixture. Unless air-entrairung P ortland ce m nt i us d , a n air-entraining admixture conforming to A.S .S.H .O . De s ignatio n ~l -154 , hall be added. Such admixture shall produce a total e ntramed a ir content m the co ncr et e as determined by the "Tentative Method of Test for Air Conte nt of Fres hly ~hxed Cement" A.S.T.M. Designation: C-173, or by othe r r eco gruzed m thod of test approved by the~ CITY. Addition of the ad mLxture to th co ncrete hall be by a precise method. Section 144, Title 11 , Chapter 3B, Section 5 · CONSTRUCTIO:-.: ~IETHOD . Paragraph 5 , Englewood Municipal Code 1985, is hereby amended as follo ws : A. Grading . The contractor shall do all necessary grading, e ither e xcavating or filling . required to permit construction of the sidewalk, curb, gutter. service walk or driveway to the required grade. The subgrade shall be firm . compact and of uniform density. Fills shall be made in lifts of not to exceed six mches (6"), each lift to be thoroughly compacted to the satisfaction of the ~ CITY before next lift 1s made . Embankment shall be constructed to a width two feet (2') greater than the width of the walk or driveway to be constructed . All soft or s pongy material, tree roots and vegetable matter shall be removed from the s ubgrade and replaced with suitable material placed in layers not exceeding six inches (6") in thickness, each layer being thoroughly compacted before next layer 1s place d . Excess materia l s hall be removed from the site. Section 145, Title 11 , Chapter 3B . Section 6 · CONCRETE SPECIFICATIONS, Englewood Municipal Code 1985, is hereby amended as follows: A. Mixing Cement. I. Mixing at Site. An approved type of batch mLxer shall be use d for concrete mixed at the site of the work . It shall not be loaded to more than its rated capacity . Mixers s hall be replaced when they become worn down too much for 68 • I • 0 - • • -• .. ~ ,,-. • I •• • -' satisfactor y r esults . All of the m ateri a ls for each batch of co n cr e t e. including water, s hall be mixed not less than one a nd one-h alf (1 1/2) minutes after all of the materials are in the mixer, which s h a ll r evo lve a t the s peed for which it 1s d esignated. but not less than fourteen (14) n or more than twenty (20) r .p .m . 2. Central Mixed Co ncrete. Central-mixed. s hrink-mu,ed or tran s1t-m1xed concrete s hall be mixed and tran s porte d to the s ite of the work rn acco r dance with "S tandard Specifications for Ready-Mixed Co ncr ete" .l...A .S .H .O . Designation : L\1-157, with the following r es tricti on s: Concrete mus t be delive r e d and discharged fr om the t ruck mixer or ag,tato r truck within a period of one hour afte r introduction of the water to the ce me nt and a ggrega tes or of the cement t o aggregate. Delive r y tickets s hall have th1 time clearly s hown thereon. a nd the co ntractor s hall check t h e same to be ce rtain that delivery is made withm s pectfied period. The delivery ticket hall a lso s pecify the a mount of ce ment a nd air-e ntra mme nt. Co ncrete s h a ll be delivered in truck mi.x ers or ag,tator truck (trucks providing mechanical agitation by revolving drums or r evo lnng blades in stationary drum) operated after time r equired fo r thorough mLxmg of t h e co n crete at the s peed des ignated by the m a nufac ture r as agitatin g speed. Deliver y of ce ntral-mixed co ncrete s h a ll not be m a de in non ag,taung e quipment without securing the prior written approval of the ~ CITY of the type of e quipment to be u s ed a nd me thod of ope r ation . 3. Re tempering of Concrete. Rete mpering of co ncrete which has partially harde n e d . by re mi.xing , with or W1thout wa t e r , will n ot be permitted. 8 . Co n s isten cy of Slump. Concrete s h all h ave a s lump of n ot less than two inches (2") or m ore than four mches (·l"l whe n t est ed in accorda n ce with "Standa rd Method of Slump Test for Co nsistency Portland Ce ment Co n cr ete" A .. ·\.S.H.O . Design atio n : c. T-119 . The s lump s hall be kept as s mall as po ssibl e a nd s t i ll secure s ui table workability . Placing Co ncre te . Before concrete is place d , the s ubgra d e s h a ll be thoroughly s prinkled but not to s uch an extent as to ca u se a muddy co ndition or p oo ls of water . All concrete s hall be deposited in place in s uch m a nne r as to secure as nearly as po ssible a monolithic walk or driveway without joints e xce pt as s pecifie d . Unde r n o circumstances s hall it be depos ited on a muddy s ubgra de or in water . It s h a ll not be placed in freezing weather or a t s uch a time that it may be s ubj ected to fr ee zrn g soon after being de po s ited, e xc e pt with the writte n pe rmission of the~ CITY , a nd the n only under proper condition s sati sfactory to the ~ CITY . Forme d s urfaces which a re to be exposed to view a fte r r e moval of the form s s hall have the concrete well s paded against the forms so as to bring the mortar a gainst the form and a void honeyco mbing or expos ure of coa r se aggre ga t e. After t h orough con solidation the concrete shall conform t o the specified thickness. Any e vide n ce of lack of consolidation shall be regarded as s uffi cient r eason for re quiring the removal of the section involved and its replace me nt with n ew co n crete. The contr actor s hall be r esponsible for a n y defects in the quality a nd appearance of all completed work . D. Finis hing . All co ncrete walks , curbs, gutters a nd drive ways s hall be given a wood fl oat or light broo m fini s h satis factory to the~ C ITY . U pon re quest , the 69 • ., . I • 0 - • • • . . .. .. ,,.-. • • • ' ~ CITY will advi se contractors whe r e walks or drive ways with acce ptable fini s h may be inspected to determine what finish will be re quired . ~o du tmg or top pmg of the s urface. or s prinkling with wa t e r , to facilitate fini s hing will be pe rmitte d. E . C uring. As soo n as co n cr ete s urfaces h ave bee n finished a nd b efo r e the set of the ce me nt has taken place . the co ncrete s hall be c ured by the app h c::tt1 on of a n impervious me mbrane curing compound co nta ining a white p igm e nt which w1ll clearly s how that the s urface has been properly co ated a nd seale d . Appl,ca t io n s hall be made a t the r a te of a pproximately one gallon per two hundre d fifty (250) s quare fe e t. The impervious membrane material s h a ll be "Hunt Process \\lute P igmented" or equal. The use of other method s of curing s h a ll be approved by t h e ~ CITY before the co n crete is placed. Section 146. Title 11 , Ch a pter 38 . Section 8 · FILLl:'-iG SPA C ES AT C 'RB. Englewoo d Municipal Code 1985 , is h e re by a m e nded as fo ll ows: A. In cases where the s p ace betwee n a curb line a nd setback s id e walk in a r eside nti al district is less than eightee n mches (18") m width upon a pplicat ion . the fltt'eet6t' CITY may issu e a pe rmit fo r s u ch s p aces t o be filled with co ncrete of the s p ecification s a nd under the r eq uire m e nts of this Article . The Ci ty Co uncil ma y. on its own m oti on . orde r a ny u ch strip t o be co n tructed or r e p a ired as provide d in Section 11 -3 8-1 h e reo f. B . In cases where the s p ace betwee n a c urb lme a nd a setback s ide wa lk in a residential district is e ighteen inches (18") or mor e m width t h e owner or occupant of the abutting property may , a t ru own option . fill s uc h s pace with co arse grave l. crushed stone or s imtl a r mate ria l, t o a depth of not le t h a n two in ch es (2"), s u ch material to be approved by the ~ C ITY . a nd the ma xim u m s ize of which wt!] pass t hrough a standard one m ch (I") s cr ee n . S u ch materi al s ha ll be co ntinually main tamed by the owne r or oc cupant m a plane wnh t he t op of the curb a nd t he s urface of the s id e walk . Section 147. Title 11 , Chapte r 38 , Section 9 · CONTRA CTOR'S GUARA NT EE. Engle wood Murucipal Co de 19 85 , is here by amended as fo ll ows: The contractor s hall guarantee in writing concrete w alks a nd dn veways fo r a p e ri od of two (2) year s after completion agamst defective workmanship and materials , a nd s h a ll kee p t h e same in good orde r a nd re pair. The determination of the necessity durmg s u ch gu a r a ntee period for the contractor to repair or replace said walks a nd dnveways, or a n y portion thereof, shall rest entirely with the~ C ITY , whose dec isio n upon the m att e r s h all be final and obligatory upon the contractor. Section 148, Title 11 , Chapter 38, Section 10 · PENALTY FOR DEFEC TIVE WORK, Englewood Municipal Code 1985, is hereby amended as follow s: In addition to or in lieu of the other remedies or penalties provided , if a contractor fail s to comply with the requirements of this Article relating to concrete work , additional permits for sidewalks, curbs, gutters, service walks and driveways will be withheld by the ~ CITY until assurance is received that there will be compliance with these r egulations . 70 • I • 0 J • • .. ,,-·· • • - Sectjon 149. Title 11 , Chapter 3C , Section 1 PERMIT REQUIRED). Englewood Municipal Co de 1985 , is hereby amended as follows: It shall be unlawful for any person to dig up, open, excavate or to cause to be dug up . opened or excavated. any public street. alley or public prope rty , or a ny party thereof. without first securing a permit therefor from the effiee ef tke ~ CITY. Such permit shall be kept at the site of the excavation while the work is in progress a nd it s hall be exhibited upon request to any police officer or representative of the Ci ty . Section 150. Title 11 , Chapter 3C, Section 3 · PERMIT FEES. Paragraph B, Englewood Municipal Code 1985. is hereby amended as follows : B. Applicant may file with the ~written evi dence of a co ntract betwee n eac h applicant and a reputable paving firm showing that s uch firm will finall y res urface all excavation according to City s pecifications a fter having been prop erly backfilled by the permittee. A charge of six dollars ($6 .00) shall be made for each s uch permit issued. A two-dollar ($2 .00 ) billing fee shall be charged for each individual statement requested . Section 151. Title 11 , Chapter 3C , Section 4 · CONDITIONS OF PERMIT. Engle wood Municipal Code 1985. is hereby amended as follows : A . All permits shall be issued according to the provisions of this Article a nd sha ll be m effect for a period not longer than thirty (30) days from the date of issua nce. All work performed as authorized by permit shall be subject to such rules . direcuons and regulations as the~ CITY may establish a s necessary to pro,,de fo r t he proper care, protection and maintenance of all streets. alleys and public places . Each such permit shall be conditioned that all work done thereunder s hall be onl y such work as is specified in the permit, and s hall provi de that the pe rm1ttee s hall be liable for maintenance of the cut for one ye ar from the date of iss uance of the permit. A separate permit shall be issued for each excavation project . An excavation permit shall not be required for work on s idewalks. curbs , gutters or driveways if s uch work is done in accordance with the terms oft he other applicable provisions of this Chapter. B. No permit shall be issued to any person who 1s in current violation of the provision s of this Article, or any other provision of this Code or any rule or regulation of the City . Sectjon 152. Title 11 , Chapter 3C , Section 5 · INSPECTION, Englewood Municipal Code 1985 , is hereby amended as follows: The~ CITY shall inspect and test all excavation work to determine whether it is done in accordance with the terms and conditions of the permit issued therefor and any other rules and regulations of the City . If the excavation made is larger than that authorized under the permit. the permittee shall be billed for the additional amount owing. If improper or unauthorized methods have been employed in opening or closing the excavation or the work is not completed satisfactorily , the permittee will be given a reasonable time not exceeding thirty (30) days to correct any and all deficiencies . If s uch 71 • .. ) I • 0 • .. ,. -· • ... • -' deficiencies are not co rrected w1tlun the prescribed time. the City shall make such corrections and the perm1ttee shall pay the actual costs thereof plus a penalty of fifty perce nt (50%) of t he amount thereof. Section 153. Title 11 , Chapter 4. Section I · DEFIN1TIONS. Englewood Mumcipal Cod e 1985, is hereby amended as follows: For the purpose of this Chapter. th e follow mg term s, phrases, word s a nd their de nvanon s shall have the meanings given herein. PARK The DiPeete, ef P11e!ie We,lc s ef the Cit, ef eftgle ,•, 888. 8!l!l8tntee e_. tee Git_. '.l.l&Rag er thereat:. e, aft~ ll e,seR te hem h e ft&S eelegatee the !llitherll, IJP8ftteEi e . thi s Geee , er afty ameftemeRt here t e Any area used as a park. r eservation . pl aygro und . beach , or a ny other open a r ea m the Ci t y, owned or used by the Ci t y a nd devoted or designated to active or pass iv e recreation. either on a temporary or pe rm a nent basi s . Section 154, Title 11 , Chapter 4, Section 2 -A 'THORITY TO GOVERN . Englewood Municipal Code 1985, is hereby amended as follows : In order to have the parks .-\!'Ill) RECREATION FA CILITIES of t hi s City used to the full e t extent consistent with an orderly use. there 1s he r eby delegated to t he ~ CITY MANAGER , or his designee. the authority to adopt a nd promulgate s uch rules a nd regulations, governing behavior and co nduct of per ons w1thm the parkS .-\?\'D RECREATION FACILITIES as he deems nece sary . Without many ma nne r limmng the foregoing authority, the~ CITY may designate the day a nd hours during which any park OR RECREATION F.-\CILIIT shall be ope n to the public a nd may designate at any time any section or part of any park OR RE CREATION FA CILITY to be closed to the public for any interval of time . ei ther temporarily or at regular a nd stated intervals a nd po s t signs to such effect . Sectjon 155, Title 11 , Chapter 4. Section 3 · VIOLATION OF RULES AND REG ULATIONS, Englewood Municipal Code 1985, is here by a me nded as follows: A. It s hall be unlawful for any person to fail or r efuse to obey a ny lawful ord e r or rules and regulations of the City Manager or ftt!Hiesignee or the instructions of a ny sign posted by him unless otherwise directed by a police offic er . 8. Should any person fail to observe and obey any such rules or regulations of the City, the City Manager, or &is de signee , may immediately r e move any such perso n and may ban such person from the use of any park a nd its facilitie s for such period oftime as may be necessary to secure compliance with s uch rules , regulations and posted signs . 72 ' . . . ) I • 0 • • • .. • • - C. Any p er so n r e moved or ba nne d fr om use of t h e park OR RECREATI ON facilities may , witlun fi ve (5) days from the date of the City Manager's OR DE S IGNEE'S action , a ppea l the City Ma nager's OR DESIG:S.'EE 'S acuon s to the City Co uncil by filing with the City Clerk a n a ppeal in writing, s ettin g fo rth t he basis of s uch a ppeal. The City Co uncil s h a ll , a t the ne xt regularly sch ed ule d Co uncil meeting.-or as soo n as is reaso n a bl y possible thereafter . s us t a in or ove rrule t h e City '.\1an ager ' OR DESIGNEE'S action s , which decision s hall be fi n al . Section 156. Title 11 , Chapter 4, Section 4-2 , APPLICATION FOR P ER '.\11T , Engl ewood Municipal Code 1985, is h e reby a mended as follows: A person seeking iss uance of a pe rmit or reservation h e r e unde r s h all file a n apphcnua n with the B!l!lre11riate Ei e11 al'tmeet CITY . Th e a pplica ti on s hall s tate: A. The name a nd a ddress of the appli ca nt . B. The name and a ddress of the person. pe r so n s , corporauon or n soc1au on s pa n orm g the activity , if any. C. The date and hours for w hich the permit is de s ired . Section 15i. Title 11 , Chapte r 4 , Section 5 · DEPARTME NT RE S PONSIBILITY . Englewood Municipal Code 1985, is he r e by a mended as follows : The City Manager OR DESIGNEE s hall Eie e1geate the B!l!lre11riate 11ereeee te iss ue pe rmits allowed by Englewood Muruci pal Code. Seeueee I I I a a11Ei 11 -4-4 . Section 158. Title 11 , Ch a pte r 5. Section 2 · DEFINlTIONS, Englewood Municipal Code 1985, is a mende d as follows: For the purposes of this C h apter . the fo ll owing term s, phrases. words a nd their denvations a r e deleted : C ITY FOREST6R: The Ci~ Fe re s ter ef the City ef 6egie .. eeEI , Ce ieraEie . Section 159. Title l l. Chapte r 5 , Section 3 · OFFICE OF C ITY FORESTER CREATED : JURISDICTION. Englewoo d Municip a l Co de 1985 , is h e re by deleted: OFFICE OF CITY FORESTER CRE.\TEQ: There is herelly ee'8llliehed withte the Qe11el'tmeet ef P11lll-ie "'e rke ie the eEimtetetrati. e sel"i'tee ef the City the effiee ef the City Fereeter. The City Fereeter s hall lie 11eEier the geeeral s1111el" ieis11 sf the QiPeeter ef the Qe11artmeet sf P11lllie IUerks . The City Fe re s ter e ffiee shall lie BHed either lly (a ) B!l!l8ietmeet lly the City Haeager 11eder the 11re·<ie1eee ef ee etie11 ea al'tiele ,q1 ehhe City Chaffer BREI Title a Che11ter I efthe ~411eiei11fll Ce ae , e r Ee) ae ae B!l!lSH\tee ef the City Ce11eeil !!YP81l&Rt te ae agree meet fer ee rYtee e m1th ether !seal ge,.ePftmeetal 11ei'8 . Shellld said effiee lie fill.ea II~ fl!l!l8IRt111eet II!,' the City Ce11cee1l . 1lYP81taet ta ae agreemeet fer eeMeee, eeiEI City Fe,eeter ehllll hll e 1e lille 111Beeer the 73 • I • 0 • • • .. • ... • • e.1eh1 s 1 e J11Pi s aieae11 a11a B'IIJl e P" is ie11 s f all tP eee a11a ethe r Jli&11 M a11a grasses gp s mg m Jl'lleli e Jl laees a s li e r ei8after set fiml!. \0Pe . IQ 6 e riee I 98a: ,11Ba . O ra . Ga Se ri es lQQQ ) Section 160. T itle 11 , C h a p ter 5. S ection 4 · A TH O RITY O F C ITY F O REST E R. Eng lewood Municipal Cod e 19 5 , is he re by delet e d : 11 a I: .',UTHORITY OF C ITY FORESTER: Tlie City Feres t er s li~ lia e tlie fell s w19 g r eaJle11 e ieilitiee, a11th e r1tie s a11e Jl 8 , er: A . P11el!e PreJleP". The Cit) Fereeter s liall lia e j'llt'isaieti011 a11a B'IIJler. ie1011 B"eF aH trees, ether Jll88t8 &88 gt<aeeee gt<B i8g 1,11 11111:Jl!e Jllaees. Tlie City F e re s ter s liall lia .. e tlie !!B • er te JlPelft-.tlgete r"ttle s , re~latie11 e a11a Bl!ee lfieaae11 s fe r t ri1B1Bi11g , Bl!ra, i11 g , r e1B B"111 g, J!IB11tmg , JlNRi11g 888 11reteetie11 ef11l11Hts '11Jl811 Jl'llei!e J!F BJl el'ty . H e e r s li e 1HBJ 11 la8t, trilft . BJlPBJ , J!Peeepo e a11a reme e trees. etlier 11laHts a11a gt<as ees . e r s pe e r that tlie salfte e e a e 11 e , iR Jl'll8He !!laeee te me1tre eafet), presepo e tli e sylftlft etr) a11a e e a11£) ef a11 eh 13la ees . !!Fe . e 11 t tlie BJlreaa ef aieeeeee . i11 s eets, ete. 1. Tlie City Fereeter, er Eiesig8 ee . eli11ll litl"'e tli e a11tli e r1 t~ 8 118 1t s hell li e lii s er h er a 11t) t e eraer tlie BJlP&ymg , tPimlft~8g . 13re s eP" at1 e 11 e r re lfte' el ef trees e r Jlla11ts 11!!811 iir, .. ate JlPBJlePly •vlie8 lie er s he s hell f:i11a s 11 ell a eHe R 11 e eeasery t e 1i 11 e lt e s e fe f). ll ealtli er w elfare , BP te J!Peve11t tlie BJlPeea ef aiaeeee er 18 eeet e t e e the r trees !t rta iileees . a. Tlie City Fereeter me) e rtter 'IIJl BII 811) J!P em1 eee u1tlie11t werre11t t e 111 e1iee t all eeaJltl es er trees , lege , aM11ee e11a ether Jll&rtts .ltfttl'I tli e lim1 t8 ef t li e C ity , li etli er e 11eli trees . lege , s lir11ee er Jll8rtt8 ere fer Hie er 11st . b Jl Brt aieee ePn1g e11, 111feetie11 e 111 eee M e r aieeeeee hereerea within e11eh eeaptle, tP eee , legs , alir11e 0 er 'f:ll&11ts , e r the em ete11ee ef elm eea, the Cit) FePe eter s hell et e11ee 11 et1f) the e 11e. BP e11 ege 11t ef tli e J!P e m1 ees wliePe1111e11 tlte eeme ie leeatee ef the ee11ait1e11 fe1111a e11a s hell aireet a11elt e .. 11er BP ege11t 13:, aelaee te remea,, a11eh ee1utitteae t111111 eatatel, er el a tua e ae 8etePB1LAefl 8:, the C t~y F e peeter . a. Preeea11re fep iee111111ee ef e11eli 11etiee , IIJ!Jleel Pigltte e11a Pemeaiee IIJl BII 11 e11 ee 1BJllie11ee ape as aet e11t i8 6eetie11 11 Ii G. C. lee11e11ee ef PeP1Bite &8a biee8ees. 1. The C ity FePeeter eh~ he ,•e the a11tliel'ity te Jlrem"ttlgete r11le s 888 reg-.tlatie 11 s PegaPamg ete&aerae ef ~ ·erkme11BhiJl a11a the .\ JleP1Bit mey e e ref!11i,,ea ey tlie C ity F ereet e r fer tlie Jlle11tiftg, reme ·al er mai11M&a11ee 'IIJlBII Jl'llei!e arees. Detailed illfermatieB may e e Pef!11i,,ea e) the City FereeteP '11Jl811 reeeiJlt ef a11 BJ!J!Heatie11 for a permit. Sectjon 161. Title 11 , Chapter 5 , Section 6 · PRESERVATIO N AND REMOVAL PROC ED U RES, Englewood Municipal Code 1985, is hereby a m e nde d as foll ows : When the Cit, Feree\er CITY shall find it necessary to orde r the tnmmmg, s praying, preservation or removal of trees or plants upon public or private property. as a uthorized in this Chapter. he eh~ ee"e a written order to correct the co ndition SHALL BE SERVED 74 • ., • ... ) I • 0 • • • .. ,. .,.. . • • - upon the owner. operator. occupant, other perso n respon s ibl e or upon the property where the co ndition exists . A. Method of Service. The order required h e r e in s hall be e rved m one of the following ways in order of preference: 1. By making personal delivery of the order to the pe r son r espo n si ble: 2. By leaving the order with some person of suitable age a nd discretion upon the premises . 3. By affixing a copy of the order to the door at the e ntra n ce to t he pre mi ses in violation: 4 . By mailing a copy of the order to the la st known address of t he owne r of the premises by registered or certified m ail , return r ece ipt requested : 5 . By publishing a co py oft he order in a lo cal pa pe r on ce a wee k fo r three (3) s uccessive weeks . B. Ti.me for Compliance . The order required h er e m s h all ' t forth a ttme ltm 1t fo r compliance of not le ss than twenty four (24) hours a n d n ot mor e than fo rty five (45 ) days. as the City~ deems appropriate . C. D. E. Appeal from Order. Any person to whom an orde r he r e unde r 1s d1rected may appeal , in writing, to the QiPeeter ef Pwlllie Werlta c rn· within se,·e nty two (i2) hours of the service of s uch an order. Emergency noti ces . as set out m ubsectton F . are excluded from this procedure . The appeal s hall co ntain the a ppe llant's name and address, the decision being appealed and a bnef e xpl a n a tion of why t h e appellant should not be required to comply with the or de r appealed . The QiPeeMr ef Pwlllte H'erlta CITY MANAGER OR DESIGJ\'EE promptly s h all meet informa lly with the appellant to exchange nece ssary information a nd s hall iss ue a decis10n in writing to the appellant at his address stated m t he a ppeal. Unless the order 1s revoked or modified . it s hall remain in full forc e a nd be obeyed by the person t o whom directed. Failure to Co mply . When the person to whom the ord e r is directed s hall fail t o co mply within the s pecified time . the City~ s h a ll remedy the co ndition or co ntract with others for s uch purpose and charge the co st , plus fiftee n percent (15%) for a dmm1strative fee s, to the pe r so n to whom the order is direc t e d . The person remedying a condition under a contract made hereunder shall be authorized to enter premises for that purpose. Fa ilure to comply also co nstitutes a Municipal ordinance v10 lation . for which the violator may be cited and s ummoned into Municipa l Court and, if convicted, punished a ccording to Chapter -1 . Title l of this Co de. Special Assessment . If the cost of complying with a City ~ ord e r to trim , s pray, preserve , remove trees or take other appropriate action is not paid within thirty (30) da ys after receipt of a statement therefor from the Ci ty ~. s uch cost, plus twenty five percent (25%) of such cost, shall be levied against the responsible property owner or property upon which said condition exists, as a s pecial assessment. The levying of such assessment shall not affect the liability of the pe rson to whom the order is directed to fine and imprisonment as herein 75 • .. ) I • 0 ( • • •· . ... 1/J -· • • - .. provided . Such special assessment shall be certified by the Qi!'ee,er ef Fieeeeial ~ EX OFFICIO TREASURER OF THE CITY to the Treasurer of the County of Arapahoe. State of Colorado, and shall thereupon become and be a lien upon such property, shall be included in the next tax bill rendered to the owner or owners thereof unless paid before , and shall be collected in the same manner as other ad valorem taxes against such property are collected . F. Emergency Notice. In the event the City~ find s a condition involvmg a tree . shrub or other plant which constitutes an immediate threat to life . limb or property, the City~ shall have authority to immediately have caused correction or remedy to such condition at the owners' or agents' expense without administrative fee. If the costs are not paid by owner within thirty (30) days of notice of costs. the City~ shall initiate procedure for a special assessment as authorized under subsection E of this Section . Section 162. Title 11, Chapter 5. Section 7 -REMOVAL UNDER SPECIAL IMPROVEMENT DISTRICTS, Englewood Municipal Code 1985. is hereby amended as follows : In the event the removal of any plant is necessitated by a City paving or sidewalk district. the expense of such removal will be borne by the City , not subject to recovery from the owner or agent of the property unless such plant was planted or placed with written permit from the City~ after the effective date of this Chapter. Section 163. Title 11. Chapter 5. Section 8 -PROHIBITED ACTS . CONl)[TIONS. Englewood Municipal Code 1985, is hereby amended as follows : A. Public Danger. The City~ shall have the authority to designate unlawful trees or plants and to order the removal of existing trees or plants, where thetr existence is injurious to the health and safety of citizens or property. B . Prohibited Plantings. Female Cottonwood trees (Populus deltoides), Siberian Elm (Ulmus pumila), or Box elder (Acer negundo) are hereby declared to be unlawful to be set out or planted within the City and are subject to removal except for mature trees more than one inch (l") in diameter. C. Abuse or Mutilation of Trees. Unless authorized by the City~ or property owner, no person shall perform any of the following on any public property withm the City or on any other private property not belongmg to that person: 1. Damage, cut, carve, transplant or remove any tree or shrub or injure the bark thereof. 2 . Pick the flowers or seeds of any tree or plant. 3. Attach any rope, wire or other contrivance to any tree or plant. 4 . Dig in or otherwise disturb grass areas , or in any other way injure or 1mpa1.r the natural beauty or usefulness of any public area. 76 ,. ' I • 0 - • • • • . .., • - D. Interference with City~-No person shall in any way mterfere or cause any person to interfere with the City Fereet.er er me repreeenMtti e in or about the performance of &is duties as defined in this Chapter. Section 164, Title 11. Chapter 6 , Section 2 -PARKING STORAGE REG UIATIONS FOR RESIDENTIAL DISTRICTS, Paragraph C, Subsection 5, Subparagraph b .. of t h e Englewood Municipal Code 1985 , is hereby amended as follows : 11-6-2: PARKING/STORAGE REGULATIONS FOR RESIDENTIAL DISTRI CTS : C. No person shall park or store any vehicle on private property in \"Jolat1 on of the following restrictions: 5 . No person shall occupy any vehicle m v10lation of the foll owmg: b. Upon the application of a resident of the City, a s pecial permit may be issued by the QepaMment ef Cemmuait. Qe elepmeRt CITY for a nonresident journeying m a recreational vehicle used for housekeeping purposes and who 1s visiting at the residence of the applicant. to occupy the tra,el ,ehiele RECREATIONAL VEHICLE at the applicant's residence for not more than seven (7) days . The s pecial permit shall specify the location of the applicant's property or adjacent right-o f-wa y m which the tra• el ehtele RECREATIONAL VEHICLE will be parked while occupied . This shall not be deemed to permit the parking or storage of a detached camper. trailer or small trailer in any public street or right-of-way of any street designated as an arterial or collector street. Section 166, Title 12 , Chapter l , Sections 1 · DEFINlTIONS, Englewood Municipal Code 1985, is hereby amended as follows : As used in this Chapter, the following words and definitions only are dele ted or amended and all others remain the same: QIR"-iCTQR er QIR"-iCTQR QF IJTIUTIES: WATER Ql\qSIQ!>I: The Qifoeeter ef Utiffties fer the City ef Engle·.r.·eee er hte.her 1htly ll:uthert11ee repreeentati, e . Tile seetien ef the IJtifftiee Qepal'tomeRt under &Re tftl'eugh .. hteh the Munieipal •at,e"•erks syst.em is speratee under the eiPeetien ef the City Ceuneil, City ~4enager and E>iPeeter ef Utilities . Section 166. Title 12, Chapter 1, Section 2, Englewood Municipal Code 1985. is hereby amended as follows : RULES AND REGULATIONS; AMENDMENTS : Rules and regulations ef the Water Di¥ieiett may be altered, amended or added to from time to time by approval of the City 77 ' ., J I • 0 2 I ( • .. ,. .,.-. • :., ., • -' Council. Such rules and regulations. together with all amendments, shall be available for inspection at the effiee ef the Water E>i Reiee ~ CITY DURING WORKING all reaeeeaele hours. All Wat.er E>i ieiee rules and regulations are intended, designed and adopted to promote the public peace, health and safety , and s hall be in forc e from and after the date of their adoption. Section 167. Title 12 , Chapter lA. Section 3 · RIGHTS UNDER LICENSE. Englewoo d Municipal Code 1985, is hereby amended as follows : Neither the granting of such license nor any act, circumstance or condition shall ope rate to create any vested or proprietary right whatsoever in the licensee. but s hall give the licensee the right to use water for the purposes specified in the license. s ubject to termination of such license as herein provided. Every license to use water s hall b e s ubj ect to revocation and shut-off by the E>ireeter ef~ CITY and shall be s ubiect to the charge of reasonable expenses after written notice for items required by this Title pertaining to use of water when the property owner refuses to comply with the Engle wo od Municipal Code , without obligation upon the City to refund or repay any co n s 1de r a u on which may have been given for the granting of s uch license . and without a ny obligation upon the City whatsoever, for any one or more of the following reasons : A . Failure to pay proper charges when due . B . Failure to comply with this Chapter and applicable rules and regulations of the Water E>1''18i011 CITY. C . Use of water for a purpose not authorized by license. D. Waste of water. Section 168. Title 12. Chapter IA, Section 4 · METER REQlJlREMENTS, Englewood Mumc1pal Code 1985. 1s hereby amended as follows: A. Owners of property with connections for residential use having taps one inch (l ") in diameter or larger. or for commercial use of any kind regardless of size of tap s or service , or for residential use on premis es with wading pool s or other containers, whether permanently installed or not, with a capacity of two thousand (2.000) gallons or more which are filled from City supply, will be required to install wate r meters . All owners of property havmg unmetered water service s hall be re quired to m staU approved water meters within ninety (90) days after the sale or transfer of the property or change in property use from residential to commercial or mdustnal . Whenever a meter is to be installed, it shall be supplied by the l!;egle 888 l:ihfftiee Qep8:l'i111e1U CITY at the owner's cost. The rates for metered service shall be fixed by resolution of the City Council: provided, however, that one bill, for all water u sed, composed of the sum of minimum charges for each meter used and a s ingle quantitative charge for all water used, may be issued in the following cases: 78 • .. • . , ... ) I • 0 - • • • • - I. Where water service is taken through a co mbin ation of meters . or through meters on two (2) or more serv1 ce pipe . if wa ter erv1ced through each of s uch meters and serv,ce pipes s hall be deliv ered a nd used on the same property holding in the prosecution of one general purpose. or a single enterpnse on a n integrated holding of land , und.!Vld ed by pub li c streets . roads or a ll eys: a nd 2. For all public school s , eve n th ough the me te r s may be s ituated on separate properties . B. In any case, when the QiPeeEer ef l:EiliEiee CITY deems it to be in the be s t inter est of the City and water co nsumers. BIHB Qifoeeter THE CITY may r equire any scheduled flat rate u ser to take h1 s or her wa t er through a meter at the rates se t by the City Council. Whenever a meter 1s t o be used. it s hall be s uppli ed by the~ ~ CITY . All meters for new accounts shall be s upplied at the cos t of th e user. C. All meters in stalled shall be the a me size as the size of t he serv ice pip e. e xce pt m instances where premises have been vacated by a use r that r equir ed a la r ge r seTV1ce pipe to s upply its dem a nd s than that requU"ed by the new user . In s uch ca ses . the meter 1ze may be reduced ap propn ately. D. All co ns um ers' water meters s hall be -eTV1ced a nd maintained by the~ ~ CITY , a nd the cost thereof s hall be paid by the City , exc e pt that in the case of malic1 o u damage . the cost of the repair s hall be paid by the own er of the meter . E. Ail meters s hall be set or reset according to City standards in a proper watertight and fro stproof pit within the limits of a public street or alley or inside a building located on the property to be served . In every case the meter shall be located : l. So as to allow free and nonhazardous access for reading, rem oval. ms pecuon and replacements. 2. When located inside a building, the meter shall be et so that the entU"e s upply of water to the premises will be controlled by 1t at a ll times a nd shall have valves on both sides of the meter. 3. When the rules a nd regulations of the WEiter Qi i01e11 CITY require metering and more than one service line 1s in use on a flat rate basis , each s uch service must be metered and se parately connected to the main concurrently with the meter installation at the customer's expense . Section 169. Title 12. Chapter lA, Section 5 · TURNING ON OF WATER. Englewood Municipal Code 1985, is hereby amended as follows : The Weter Qi, iei011 CITY will turn water on at any premises lawfully entitled t o be se rved . upon request. Except upon written order of the Qifoeeter ef Utilities CITY , no one other than a duly authorized employee of the Weter Qi iteie11 CITY under any condition or circumstances shall turn on water for use in any premises when the water shall have been turned off by the IVeEer Qi 1teie11 CITY , or at its order: provided , however , that a licensed plumber may turn on water to the minimum extent necessary for the purpose of testing MB work , after which the same shall be turned off~. The City shall not be liable for any 79 • .. ) I • 0 ] ( • • • .. ,, ,,,-- • '·. •' .. • -' damages resulting in the turning on of t he water eith er by City e mployees or a licensed plumbe r . Section 170. Title 12 , Chapter IA , Section 6 · SPRINKL!l\"G PRIVlLEGES . Paragraph B. Englewood Murucipal Code 1985 , is her eby a mended as follows : B . While it is the purpose of the City to mamtain a water s upply adequate to meet a ll needs of the inhabitants of the City, including irrigatio n without r estriction s , there are many elements which make it uncertain whether the s upply ca n always be adequate for all, and therefore. in times of extreme s hortage or operation difficulties , water service for trrigation shall be curtailed by s uch re stn cuons as are deemed necessary by the City Council in the case of s hortage . or by the !:ltreeter ef ~ CITY MANAGER OR DESIGNEE in the case of operanon difficulties . or e mergencies. Section 171. Title 12 , Chapter IA, Section 7 · UNAUTHORIZED CSE. WASTE OF WATER, Englewood Municipal Code 1985 , is hereby a m e nded as fo ll ows : A. Unauthorized Use . Any unauthorized use of water s upplled by t h e City s hall be paid for at the same rate as if the s ame had been authonzed . togethe r with t h e cost incurred by the Water Qi >teie8 CITY in discoverin g a nd elimmatmg t he unauthorized use . Such payment shall not in a ny way affect a ny liab1.hty or penalty which may be imposed for such unauthorized use. B. Waste . Water shall be used only for beneficial purposes a nd s hall neve r be wasted . Water shall not be left running to keep pipes from freezmg . Water fo r trr1g a t1 on of lawns shall only be used during the hours and in the manner s p ecified by t he QiPeeter ef UtMitiee CITY MANAGER OR DESIGNEE . No sp r ay or s pnnk.ler s h a ll be placed in a po s ition to throw water on a public walk . driveway. treet or a ll ey while Jirigatmg adjacent areas , except insofar as may be a bso lutely necessary . Section 172. Title 12. Chapter IA, Section 8 · DAMAGE TO FIXTURES . RESPONSIBILITY . Englewood Municipal Code 1985. is h e reby a me nd ed as fo ll ows: ~leither the Water E>i,.ieie8 88P ~The City , in a n y ca pacity , s hall NOT be respo n s ible or liable for damages to privately owned piping or fixture s served by or co nnected to the water system, whether located in or upon public or private property, nor for damage to a ny person whomsoever or property whatsoever resulting from the existence. u se , a rrange ment of or accident to s uch water system: e xcept, however, under the following co nditions: A. The City, tkre11gk its "'ate, Qivieie8 888 at its Sfltiee 888 ~ s hall repair, replace, lower or thaw house service lines or any of the a bove within the public right of way, a nd under the following conditions: I . A leak exists or occurs in that section of the lice n see's service within the public right of way, i.e., between the curb stop a nd the supply main . 2. The service line within the public right of way s hall fre e ze or fail as a result of freezing. 80 • ' . .. .. ) I • 0 - • • • .. .. /' . • • - B . Should the Weter E>i"isiefl CITY determine that the licen see or the consumer service line in the public right of way mu st be lowered because of exposure to damage from freezing , the licensee or consumer shall take necessary precautions to either: l. Lower the service line from curb stop to the premises served . or 2. Take whatever precautions would be nec essary to avoid serv1ce !m e failu.re between curb stop and the licensed premises by mean app r oved by the~ ~CITY. C. Should the licensee or consumer fail or refu se to take such necessary precautions to avoid failure of the service line from curb top to the licensed prem1 es . then tteiffter-the City~ 'Veter Eli ie1efl shall ~OT be held lJable or accountable fo r damages because or on account of s uch failure . D. In the event that the licensee or consumer desires or s hall desire to lower the service line from the licensed premises to the curb stop. the U-e.ter E>, 1s1efl !TY shall also lower the service line from curb stop to the supply main m order t o a,·0 1d failure of said line in the public right of way . The Weter E>i 1s1efl CITY may take such other or different action to provide that the service line m the public nght of way shall not fail as a result of the lowering of the service line from the licen sed premises to the curb stop. E. In the event that the Weter E>i·Aeiefl CITY is requested to and does thaw or otherwise provide related services for a frozen or cold-damaged res idential service line that is not in the public right of way but is on a licensee·s pnvate property , the licensee shall pay a fee to the Weter Eli, isisfl CITY amounting to the fair market value of the services provided for thawing or other aid in restonng service to the property , but in no event less than one hundred dollars ($100.00). This fee shall not be imposed if the licensee's request for thawing or other services 1s h1 s or her first s uch request and if the licensee has followed any and all previou s reco mm ended precautions from the Wete• E>i,.isisfl CITY regarding the locat10 n of the lines a nd the risk of freezing . In any eve nt, the U!eter E>i Fisiefl efl8 the City 8t'e IS not obligated to perform such service s nor to provide any protection from leaks or freezing on the licensee 's property. wluch 1s so lely the re s ponsibility of the licensee. Sectjon 173. Title 12 . Chapter lA, Section 9 -RIGHT TO SH T OFF WATER FOR REPAlRS : The Weter E.>1 •1s1sfl CITY reserves the right at any time, but after reasonable notice to a ll co ncerned. to s hut off the water in its mains for the purpose of making repairs , extension or for other useful or necessary purposes . In case of emergency , reasonable notice is waived . No water user shall be entitled to any damages or to have any portion of payment refunded for any stoppage of water supply, however the same may be occasioned. All persons having boilers or other appliances on their premises, depending on pressure of water in pipes , or upon a continual s upply of water, shall provide at their own expense s uitable safety appliances to protect their property in case of stoppage of water supply or loss or pressure. 81 • '.) I • 0 ( • • ·• --· • .. • - Section 174. Title 12 . Ch apter IA . Sect1on 11 -IJ',;S PE CTION : ACCESS TO PREMISES. Englewood Municipal Code 19 85. 1s here by ame nd ed as follows : For inspection and meter reading purposes. duly auth orized e mployees of the~ Diviaiee CITY s hall be allowed free access at all r eason able hours to any building or pre mises where water is used . All such emp loyees s hall carry a City identificat10 n ca rd signed by the City :\fanager a nd s h all display the sa me upon r eq u es t to the occ upa nt of a n y premises to which access is so ught. The c ustomer's syste m s hall be ope n for i n spection at a ll reasonable times t o authorized representati\'es of the~ CITY t.o determine whether cross-connections or othe r s tructural or arut ary hazard s. including vio lations of these regulations. exist. When s u ch a co n dition becomes known . the~ CITY may deny or immediately disco ntinue servi ce t o the p remises by providing fo r a phys ical break in the service line until the cu s t om er ha co rrec ted the co ndition (s) in co nform a n ce with State and City statutes relating to plumbing a nd wate r s upp lies a n d the regul ation s adopted pursuant the r e t o. Section 175. Title 12 , Ch a p ter lA. ec t1 on 12 -RO -CO:-.IXE Tl Oi'< CONTROL. Paragraph H , Englewood Municipal Code 19 5. 1s hereby a me nded as fo ll ow : H . Protective Device Req u,re me nt (Ba ckfl ow a nd ross-Co nnect1o n ): Ge neral Policy . The ~ CITY s h all be r espon 1bl e fo r th e prot ection of the pubhc potable wate r dis tnbution sy t e rn fr om co ntammants or pollutants t hro ugh the wa t e r service co nnection . if. in t h e Judgment of th ~ .ITY . a n appro,·ed backflow prevention de~;ce 1s req uired (at th c u sto m r 's water e r \'1ce co nnec tion , or within the cu s t ome r 's pnva t e water •ste rn ) fo r th e safety of the wate r s ys t e m . The DweetaP BP k1 0 lie ei~ete Ei e~e1u C ITY s hall gwe noti ce m wntmg to said cu stome r to m s tall s uch a pproved backflow p r ve n t1on de\'l ce(s) at s pecific loca u on (s) as s tate d in s ubsect10 n 12 · 1A · 12C : I . In the case of a n y premises whe r e h e r 1~ a n aux1.ba r y water s uppl y as s tated in Section 12 · 1-l a nd 1t 1s not s ubi ect to any of th fo ll owmg rules. the public water s upply system s h a ll be protected by a n a pproved air-ga p separation or an a pprove d re duced pressure pnnc1ple backfl ow p re ve n t ion device . 2. In the case of a n y premises whe re t he r e is wate r or s ubstan ce t hat wo uld be obj ec tiona ble but not haza rdo us to h ea lth . 1f introduced into the public water system , the public wa t er system h all be protected by a n app r ove d double chec k va lve assembly after a pprova l of t he City . 3. In the case of any premises whe re there 1s a n y mater ial d anger ou s to health which 1s handled in s u ch a fasruon as t o cr eate a n a ctual or potential h azard to the public wa ter system, the public wate r system s hall be protec t e d by a n approved air-gap separation or a n a pproved re duce d press ure principle hackflow prevention device . Examples of premises where these co nditions will exist include sewage treatment plants, se wage pumping s tations , chemical manufacturing plants, hospitals , mortuaries a nd plating plants. Additional reference subsection 12-1A-12C. 4. In the case of any premises where there are "uncontrolled" cr oss -co nnections, either actual or potential, the public water system s hall be protected by an approved air-gap separation or an approved reduced pressure principle backflow prevention device at the service connection. 82 .. I • 0 • • • .. ~ ,_... • ... • • ... 5 . In the case of a ny premises where , because of security requiremen ts or other prohibitions or restnctions , it is impossible or impractical to make a complete in·plant cross-connection survey, the public water system s hall be protected against backflow or back-siphonage from the premises by the mstallation ef.1i eaekflew 13re, e11ee11 ee nee i11 the seP"'iee lt11e . 111 tlli s ease . 1Ba . .i1Bllftl. 13reteetie11 ,·ill ee re1t11i!-ee: that is . an approved air-gap separation or an approved reduced pressure principle backflow prevention device s hall be installed in each service to the premises. Section 176. Title 12 , Chapter lA. Sect.Ion 12 · CROSS-CONNECTION CONTROL, Paragraph J , Englewood Municipal Code 1985 , is hereby amended as follows : J. It shall be the duty of the customer-user at any premises where a back flow device is required to notify the City upon installation to have a cernfied te s t a nd inspection before potable water is used and have said de,;ce tested a nnually fr om that point. In those instances where the~ CITY deems t,he THERE TO BE A hazard , IT te lie ll'f'eat e11e11gl!. he will require a ce rtified m s pecuonS a nd te ts to be performed at more frequent intervals. The charge for t est a nd ce rt1ficau on will be based on the s ize of the device (s) a nd locauon(s) of in tallauon . Section 177. Title 12, Chapter IA . Section 12 · CROSS -CONNECTION CONTROL . Paragraph L. Englewood Municipal Code 1985, is here by a mended as follows : L. Violations and Penalties (Back.flow and Cross-Connection). I. The~ CITY will notify the owner. or a uthorized agent of the owner. of the building or premise in wluch there is found v10lat1ons of these regulation s. The~ CITY MANAGER OR DES!Gl\'EE s hall set a s pecific time for the owner to have the violation removed or corrected. If the owner fails to correct the violations in the specified time. the ~CITY-:MANAGER OR DESIGNEE may, ifin his/her j udgment an imminent health hazard exists, terminate the water service to the building or premise. Additional fine s or penalties may also be assessed following termination of service . 2 . All costs incurred by the City , State, contractor, or any a uthonzed company. shall be at the owner's expense when a backflow or cr oss -co nnection involves contamination of any potable water system . 3. The owner or authorized agent of the owner res ponsible for the maintenance of the plumbing system in the building who knowingly permits a violation to remain uncorrected after the specified time set by the~ CITY . s hall . upon conviction thereof by the co urt, be required to pay a fine of not more than one thousand dollars ($1 ,000.00) PER DAY or by impnsonment in jail for a period oft1me not to exceed one year FOR EACH DAY OF VIOLATION or both such fine a nd imprisonment . Section 178. Title 12 , Chapter lB , Section l · PERMIT AND NOTICE REQUlRED , Englewood Municipal Code 1985, is hereby amended as follows : 83 . " • 0 I • 0 ( • • --· • }· ... . . • - A. Permit. Except as herein otherwise specifically authorized. it s hall be unlawful for any person to make any physical connection to any of the pipes or facilities of the City water system. or to any privately owned or publicly ow ned e xtensions thereof. without first ma.king application therefor. Such application shall be in writing and shall be filed with the WateP E>i 1-isieft CITY by the ow ner of the property to be served or his authorized agent. Such application shall contain a full description of the premises to be served and the foctures to be s upplied . A permit for the work will be granted upon the condition that all rules a nd specification s respecting connections shall be fully observed. 8. Notice . Any person about to install a service pipe s h all gi "e notice at t h e effiee..ef the lltak!P E>i ieieft CITY fixing the day on wluch he wishes t he City mam to be tapped. Such notice shall be given twenty four (24) WORKING hours befo re the tap is to be made. The corporation valve inserted in the distnbution mam and the service pipe to be laid must be of the size s pecified in the permit. Section 179 . Title 12 , Chapter 18, Section 3 · WATER r.LI\JNS , P a ragraph 8 , Englewood Municipal Code 1985, is hereby amended as follows : 8. Extension Of Distribution Mains: When it 1s requested in writing to e xtend a distribution main in order to serve a responsible applicant or a pplicants whose property is located within the City , the City will make s uch extension at its ow n expense subject to recovery. In the case of new s ubdivisions or revised plattings . the applicant shall s ubmit to the Wagep E>i ieieft CITY three (3) a pproved prints of the area involved upon which s hall be s hown the lot and block numbers and the house numbers . All water mains shall be located within dedicated public rights of way or acceptable recorded easements . Section 180. Title 12. Chapter IB, Section 3 · WATER MAINS . Englewood ~1unicipal Code 1985, is hereby amended as follows: C . Assessment For Water Mains : U pon the application of a property owner for a permit to connect to a City main , the owner s hall pay to the Wa~eP E>i 'isieB CITY s uch sum as may be fixed from time to time by resolution of the City Co uncil . The above assessment covers the property owner's s hare of the cost of the main, a nd 1s in addition to the connection charges as set forth in Article D of tlus Chapter. Section 181, Title 12 , Chapter IB , Section 4 · SERVICE PIPE SPECIFICATIONS . Paragraph A.6 , Englewood Municipal Code 1985, 1s hereby a mended as follows : A. Specifications Of Sen,ce Pipe: Each se rvice pipe must be of t he following specifications : 6 . Other materials may be used only upon the express approval of the City EB~eeP er Q:ireeler ef Utilities . Section 182, Title 12, Chapter 18. Section 5 · MATERIALS PURCHASED FROM C ITY , Englewood Municipal Code 1985. is hereby amended as follows : 84 • . ' ) I • 0 • • -• • •· ... • - In the case of permanent connections to the mains of the City water system. the applicant s h all purchase from the 'Valer E>i•;isiee CITY the following materials : A. The corporation stop by which connection is made to the main. B. Water meter when require d. Section 183. Title 12 . Chapter lB, Section 7 · NUMBER OF US ERS ON SERVJCE RESTRICTED , Englewood Municipal Code 1985 , is hereby a mended as follows : A. More Than One Premises To A Service Connection Prohibited: Each premises or property or building situated on a premises or property in a manner which would allow the premises or property to be s ubdivided and the buildings sold sep a r ately shall be served by a separate service connection directly to the main without crossing the other adjoining premises or property a nd with separate curb s tops involving onl y one account when water is turned on or s hut off. Extension of service to a nother premises or building from an existing servi ce connection is prohibited and s hall be s ubject to s hutoff without the City being liable fo r a ny damage. Exceptions to this requirement may be granted by the E>i-Peeter ef l'til,nies CITY MA. AGER OR DESIGNEE with the concurrence of the Water a nd Sewer Board upon a review of a written request of the property owne r . in which the property owne r illustrates with both wntten and graphic descript10ns. why the exce pt10n should be granted. Existing premises, prope rties or buildings which do not co nform to tlus require ment may mamtain their service co nnection configuration s unless and until such time . m the opmion of the E>i-Peeter ef Ct1li.ties CITY :\1.ANAGER OR DESIGNEE with the concurrence of the Water and Sewer Board , the ervice must be separated . B. Two Or More Use r s On Same Servtce Line : In case two (2) or more users are supplied from the same servtce line . if a ny of the parties fail to pay the water charges when due, or to comply with-a ny rule of the Water E>i,.1eiee C ITY . the "'ate, E>ioieiee C ITY reserves the right to WPft SH UT off the water frem TO the whole servic e until s uch charges are paid, or the rules strictly co mplied with. a nd it is expressly stipulated that no claim for damage or otherwise may be made agam st the City by any u ser whose water charges have been paid or who has complied with the rules of the 11/at,er E>i. ieiee CITY , because of s uch turnoff. it bei ng e xpressly s tipulate d that the neces sity for such~ SHUT OFF s hall be deemed to be the joint act of all served through s uch service . Section 184. Title 12 . Ch a pter IB , Section 8 · TEMPORARY CONNECTIONS , Englewood Municipal Code 1985. is hereby a mended as follows : Temporary connections to the water system for s pecial purposes will be granted in proper cases upon application . Licenses for water for building purposes will be issued only upon the submission to the Wa1e, E>i isis11 CITY of the plans and s pecifications of the work to be done for which water will be reqwred, from which the charges to be made will be co mputed ; and in all cases payment in advance for the water shall be a condition precedent to the issuance of a permit for an attachment to the water system for use under such license . When the use of water for construction purposes has terminated, the contractor s hall notify the Water E)i ·isiott CITY . The Water E>i, isie11 CITY will then turn the water 85 • I • 0 ]- • • • '. .. -·· • • - off. and leave the water turned off until a license for the u s e of wa t e r h a bee n obtaine d by the owner or occupant. Section 185. Title 12 , Chapter IB , Section 9 · STREET C TS. Engle wood :\1unmpal Co de 1985, is hereby amended as follows : Any licensed plumber who shall make a cut or excavation in a tree t fo r the purpose of installing a service pipe shall first obtain a permit from the E>weetsP s f Puillie Wep)1e C ITY and shall pay the charges established by Section l l-3C-3 of this Co de t o CO \'e r re place m e nt of the pavement or other surfacing. Section 186. Title 12, Chapter IB. Section 10 · CONr-:E CTIO:--: TO FIRE HYDR..\:-.ITS . Englewood Municipal Code 1985, is hereby a me n ded as fo ll ows : No connection shall be made to any fire hydrant e xce pt by a n e mpl oyee of t he 1ty fo r Municipal purposes. The E>wee'8P sf~ CITY :'-.1A::-.:AGER or~ de 1gn ee may authorize exceptions when necessary to me et e m e rge nct e . Section 187. Title 12, Chapter 18, Section 12 · INSPECTIO N O F WO RK. Engle woo d Municipal Code 1985. is hereby amended as foll ow s : Upon completion of the work of installation, the water s h a ll be turne d off a nd le ft off unul turned on by the ll'e,eP E>i·ote1e11 CITY or upon its written orde r . Wate r will n ot be turne d on to any premises, except for construction purpos e s . unless and until the p lumbing s hall have been completed and pas sed by the 8ttMIHftg l11epee,eP efthe City for plumbmg~ the l11epeet;er sf the ~wieteft and until payment of the proper charges s hall h a ve been made at the effiee ef the Wagep Di oteie11 CITY. Section 188. Title 12 . Chapter IC, Section 3 · TAPPING OF MAINS NOT OWNED BY CITY, Englewood Municipal Code 1985 . is hereby amended as follows : When application shall be made for connection to mains or facilities not owned or controlled by the City , and through which water is being supplied by the City, permit for said connection will be granted only in those cases in which the megep Di·. ieiee CITY s hall have been duly authorized in writing to grant such permit by the owner in control of s uch main or facilities . Section 189. Title 12, Chapter IC, Title 6 · CONSUMER METERS, Englewood Municipal Code 1985, is hereby amended as follows : Consumer meters read by employees of the WeteP Di ..teie11 CITY in connection with s ervice rendered under the meter rate schedule s hall be s upplied by the City at the cost of the user, and serviced and maintained by and at the cost of the City , within the s tipulations a s specified for users within the City . Section 190, Title 12. Chapter ID , Section 3. REFUND OF CHARGES . Englewood Municipal Code 1985, 1s hereby amended as follows: 86 • ' ' ,. .. I • 0 • • -• ,. -· • • - Refunds of s che duled charges will be m ade fo r a ny portion of a prop e rty whi ch s h a ll h ave bee n vacant. provided s u ch vaca ncy s h a ll h ave been r e porte d to the "'ate P D1 is 1e R CITY in writing a nd the va cancy ins pection s ha ll h ave bee n m a d e . Re fund s h all d ate from receipt of notice . Refunds s h all also be a llowe d in ca ses wh e r e service s are turned off by t h e Water Di >ieteR CITY a nd proper charge fo r s uch turn-off s h a ll h ave bee n paid . ~o credit or re fund s hall be given for exce s s iv e co nsumption or u se of wa t e r d u e t o br oke n s e rnce line s or leaking fixtures be yo nd the meter whe n a meter is r e quired . In the e vent of exce ssive cons umpt ion caused by underground s e rvi ce IUJ es broke n beyo nd the meter. up to a fifty perce nt (50%) cr ed it for lo ss of wate r ove r norm al con s umptio n re corded for s imilar prior pe riods will be give n if a plumbe r is unde r a contract to m a k e repairs within s eventy -two (72) hours a fter dis cove ry of s u ch break . Section 191. Title 12 . Chapte r lD, Section 6 · ADMI NISTRATrVE REVlEW A~D APPEALS , Englewood Municipal Code 1985, is he re by a me nde d as fo llows : A. Whe neve r an owne r di s putes the am ount of the ch a r ges m a d e purs u a nt to t hi s Chapter . or di s putes a n y other de termination made by or on be h a lf of the City purs u a nt to this Chapte r , that pe r son may petition t h e DH"e eteP ef l:tttiues C ITY MA NAGER OR DESIGNEE for a h e aring t o co rrect or m odify s u ch ch a r ge or de t e rmina tion n o late r than thirty (30) days afte r h a ving been b illed fo r s u ch ch a rge or a fte r h aving been not ifi e d of s u ch de t e rmina tion. B. pon rece ipt of s uch petition. the~ C ITY MA:-.IAGER OR DE S IGNEE s hall . within thirty (30) days and upon due notice to the p e titioner. h old a he aring on t he pe tition , taking s uch information or evidence a s may be m a t e nal . The tffl'eeter CITY '.\1ANAGER OR DESIGNEE s h a ll re nder~ A dec1S1 on . in writmg, wi t hin ten (10) days . The DH"eeter ef Utitities mey eeREhtet s >iell a ll eerieg htm se Wflers eli or , et llistlleP sele EliseretieR , IB8) Eie s igRete e lleeriRg effiee r m1tll e1uher11, te hslii e>ieh heertngs. C. Whe n 1t is claime d tha t the true intent or me aning of the Co d e h as bee n mis con s trued or wrongly interpreted by the Direeter ef l:titities er CITY MANAGER OR ftietller.designee , any owner aggrie ve d the reby may a ppeal frem the Eiee1s iee ef the Dweeter sf Utitities er hietller Eie s igBee to the En glewoo d Wa t e r and Sewer Board . Said a ppe al mus t be brought within thirty-fi ve (35) days from the d a t e t he de ci s ion is r e ndered . D . E . If a n a pp eal is timely filed , t he Wa t e r and Se wer Board s h all r eview t he decision ef ~ Direeter ef Utitities e r llistller EiesigBee in a h earing which s hall be he ld wi thin seventy-fiv e (75 ) days from the date the appea l was fil e d wi t h the Board . The Boa rd s hall r e nder a final decision there up on within thirty-fiv e (35) d ays . In cons idering s uch appeals, the Water and Sewe r Board s h a ll have the p owe r s granted to the Direeter ef Utitities CITY MA NAGER OR DESIGNEE unde r the this Municipal Code. Appeal hearings before the W a t e r a nd Sewe r Boa rd s h a ll be quas i-judicial in n a ture a nd s hall be gov erned b y the proce dures of Section 1-10-2 of this Code . 87 • I • 0 • • .. ~ --· • I• ... • -' ~ F . All decisions of the Water and Sewer Board on an a ppeal s hall be final and binding unless appealed to the District Court w1thm tlurty (30) days from the date of the Water and Sewer Board's decision . G. A reasonable. uniform fee to defray the expenses of the hearings may be charged by the Water and Sewer Board if the Board upholds t he Ehreeter 's er hie.lfter lieeigttee 'e CITY'S decision: provided that provisio n s hall be made for the waiver of t he payment in all instances of proven mdigence. Such fees s hall be set by the City Council by resolution. Section 192. Title 12, Chapter 2, Section 1 • GENERAL PROVISIONS, Paragraph B. Englewood Municipal Code 1985, is hereby amended as follows : B. Strict Liability: The Englewood City Counc.tl recognizmg the threats up on the frail ecology and ex.pressing great concern for its protection . declares that merely doing any act prohibited by this Chapter and orders of the ~ CITY , issued under the provisions of this Chapter or failing to perform any act r e qutred by this Chapter or said orders of the DiPeet.er CITY violates this Chapter. The violator's intention is not a defense to a ny violation of this Chapter or said order of the DiPeet.er CITY, but intention may be consid ered as a matter in aggravat10n or mitigation. Sectjon 193. Title 12 , Chapter 2, Section l · GENERAL PROVISIONS, Paragraph D (Definitions/Abbreviations), Englewood Municipal Code 1985, is hereby amended as follows: The following definition/abbreviation only is changed to read as follows : Slgnificant Industrial User: Any categorical user or industrial user of the City's wastewater treatment system whose process flow a) exceeds twenty-five thousand (25 .000) gallons per day, (e xcluding sanitary, noncontact cooling and boiler blowdown wa stewate r ) orb) ex.ceeds five percent (5 %) of the daily average dry weather hydraulic or organic capacity of the treatment system, (c) is s ubject to a s urcharge for excessive BOD . COD and/or TSS as provided for in this Chapter, d) has toxic material in its waste s tream m toxic amounts ae defined in standards issued under section 307(a) of the Act. or 3) 1s determined by the DireeMP CITY, the Metro District. the Colora do Department of P BLI C Health AND ENVIRONMENT or the U .S . Environmental Protection Agency to have significant impact, either singly or in combination with other contributing indus tries . on the treatment works such that the quality of the effluent, or sludges, from the treatment works deviates from the requirements set forth in the NPDES permit issued to the City , or the Metro District, or such that interference with the treatment process or facilities would result. Sectjon 194. Title 12. Chapter 2. Section 2 · GENERAL REGULATIONS , Englewood Municipal Code 1985. is hereby amended as follows : A. Supervision: 88 .. ) I • 0 - • • • .. ..--------------~--------. • , . • - I . The E>iPeeter ef Utihties CITY s hall be responsible for the management of the wastewater collection system served by the City and all of the property pertaining thereto . ~ THE CITY s hall see that s uch system is kept properly cleaned and in good working order and repair. HeJehe THE CITY shall ensure proper compliance with a ll local , State and Federal ordina nces. statutes. laws , and regulations for co ll ection of wastewater a nd s hall perform all other duties in co nnection with such system as may be required. 2. The E>iree,er ef 'Vee\e'I. eter :PreetmeRt (E>'VT) CITY s hall be res ponsible for the management of the Bi-City wastewater treatment plan and all of the property pertaining thereto. HeJehe THE CITY s hall see that s uch system is kept properly cleaned and in good working order and repair. He+9fte THE CITY shall ensure proper compliance with all local , State and Federal regul a tions for treatment and di sc harge of wastewater and s hall perform all other duties in connection with s uch system as may be required. 3. The E>iPeeter eH.'tiffties ens E>iPeeter ef'"eete .. ater :PreatmeRt CI TY may adopt rules and regulations in~ THE respective a reas of re spon s ibility OF UTILITIES AND WASTEWATER TREATMENT, jointly or indiV1du a lly , consistent with the provisions of this Chapter for the a dminis tration of the wastewater system. Rule s and r egulations adopted shall pertain to. but s hall not be limited to , discharge. limitations, pretreatme nt requirements. standards for installation of wastewater lines and se rvi ces , a nd implementation of standards promulgated pursuant to the Act . In establishing s uch rules and regulations . they s hall establish standards that will assure safe , efficient operation of the wastewater system. wastewater treatment process or equipment, that will not have an adverse effect on the r ece iving water. or will not otherwise endanger persons or property , or co nstitute a nwsance . 4 . 5 . 6. The E>iPeeter ef Utiffliee , tee E>iPeeter ef "'eete 1. ater Treatmeet &RB tee E>iPeeter ef FiR&Reial Seruieee CITY s hall keep such record s and prepare s uch reports concerning the wastewater utility as the City Manager directs . The City Manager s hall keep the City Council advised of the operations. financial conditions and future needs of the E>e11-meRt CITY and s hall prepare and submit to the City Council , at least annually . a report covenng the activ1t1es of tee E>e11artmeRte UTILITIES AND WASTEWATER TREATME~'T. including a statement of revenues and expenditures of the preceding year. The E>iPeeter ef Utifftiee aRii tee E>iPeeter ef Waeteweter TreatmeRt CITY s hall have the power to formulate and promulgate directives , regulations . a nd ord e r s implementing and consistent with the provi sion s of this Chapter. The v10 lat1on by the user of any such directives . regulations , or orders can be e nforced m accordance with the provisions of Section 12 -2-6 of this Chapter. If wastewaters containing any substance described in the following sections of this Code are discharged or proposed to be discharged in the wastewater system of the City or to any tributary thereto, the ~ CITY may take any action nece ssary to: a. Prohibit the discharge of such wastewater : 89 • I • 0 --- ( • -• ----------------------.. ,-------------------------------- ' . •' ,,.,-. • • - .. b. Require a discharger to demonstrate that in-plant modifications wtll reduce or eliminate the discharge of s uch s ubstance s so that the discharge does no t e xceed the limits set in Section 12-2-7 h e rein : c. Ens ure pre treatment. including stor age facilities or flow equalization neces sary to reduce or eliminate the obiectionable ch a r acteri stics or s ubstances so that the discharge will n ot vio late this Chapter: d. Ensure that the person making, causmg or allowmg the cuscharge pays any additional cost or e xp e n se incurred by the City trea tment s ystem : or e . Take s uch othe r or further r e m edial action as may be deemed to be des U'able or neces sary to achieve the purpo e of thi Chapter. 7. An y actual or t hreatened cuscharge of wa tewater co nta 1mng s ubstan ces limited or prohibited by this Chapter mto the wastewate r treatment system of the City wluch , by the determination of the Oi,eeter ef Cttlittes er the Oireeter ef Waste 1tter Treatmeet CITY presents an imminent or s ubstantial endangerment to the health or welfare of persons or to the e nvironment. or which ca u ses interference with the normal oper at10 n of the wastewater treatment system, may be rmmediately halted or elimmated by either tl!e Dil'eeter ef Utititiee er the Direeter ef Waste ater Treftt meet THE CITY. The Dil'eeter ef Utititiee er the Dil'eeter ef Waste ater Treetmeet CITY may halt or eliminate such discharges by means of any procedure or measure authorized by this Chapter for enforcement of discharge hmitat1ons a nd prohibitions, or by means of physical disconnection from the wastewater treatment service . Such discharges may be halted or eliminated without regard to the compliance of the discharge with other provisions of this Chapter . This action does not preclude the ~ CITY taking any further appropriate enforcement action provided by this Chapter. 8 . The~ CITY s hall see that industrial users which discharge to the Metro District comply with the more stnngent cuscharge limitations of either the Metro District or l!iegle .. eeEi THE CITY . Section 195. Title 12. Chapter 2 , Section 2 · GENERAL REG ULAT IONS, P a ragraph B . Subsection 4 , Englewood Municipal Code 1985, is hereby a mende d as follows : B. 4 . Storm water, surface drainage , s ubsurface drainage , ground water, water from unroofed drains , roof run-off. coo ling water or unpolluted water may be admitted to specifically designated storm sewers which have adequate capacity for the accommodation of said waters. It shall be unlawful for a ny person to co nnect to and/or use sanitary sewers for the above purpose without having obtained the written prior consent of the Dil'eeter ef Utilities CITY . Section 196. Title 12. Chapter 2 , Section 2 · GENERAL REGULATIONS , Paragraph C, Subsection 1, Subparagraph k , Englewood Municipal Code 1985 , is h e reby amended as follows : C. Specific Prohibitions: 90 • I • 0 ----,-----~---------------~--------ca .. .-------------------------- • • • I. k. • • -... Any wastewater containing a ny r adioactive wastes or isotopes of s uch half-life co ncentration as may excee d bmits e tabbshed by the~ CITY in compliance with applicable State Rules a nd Regulat10ns Pertaining to Radiological Co ntrol, publis hed by the Colo r ado Department of Health , State of Co lor ado. Section 197. Title 12, Chapter 2. Section 2 -GENERAL REGL'LATIONS . P a ragraph C, Subsection I, Subparagraph q , Englewood :\1unicipal Co d e 1985. is hereby a mended as follows : c . I. q . Wastes from se ptic tank pumpage or vaults exce pt a t locations permitted by the Direeter efWesteweter Treetmeftt CITY . Sectjon 198. Title 12. Chapter 2. Section 2 -GENERAL REG UL.\TIONS, Paragraph C. Subsection 3, Englewood Municipal Code 1985 , is hereby amended as follow s: C. 3. Any material or substance entering into the public sewe r wlu ch interferes with the treatment proce ss even if it is within the concentration limita tions tated in Section 12-2-7 may be prohibited upon written order by the~ CITY . Section 199. Title 12 . Chapter 2. Section 2 · GE1'"ERAL REGULATIONS . Paragraph D. Engl ewood Municipal Code 1985 , is hereby amended as follow s: D. Federal Categorical Pretreatment Standards: Upon the promulgation of the Federal Categorical Pretreatment Standard for a particular industrial s ubcategory . the Federal Standard, if more stringent than limitations imposed herein for sources in that subcategory, shall immediately supersede the limitations imposed herein . The~ CITY shall notify all affected users of the applicable reporting requirements . Section 200. Title 12 , Chapter 2, Section 2 -GENERAL REGU LATIO NS . Paragraph I , Englewood Municipal Code 1985 . is hereby amended a s follows : I. Accidental Di scharges. Each user shall provide protection fr om accidental discharge of prohibited materials or other substances regulated here in . Facilities to prevent accidental discharge of prohibited materials s ha ll be provided a nd maintained a t the user's own cost and expense. In the case of an acci dental discharge , 1t is the res ponsibility of the user to immediately notify the ~ CITY and the POTW of the incident. If the discharge occurs to the portion of the POTW which ultimately discharges to the Metro treatment plant. 1\fotro must also be notified immediately. The notification shall include location of discharge, type of waste. concentration , volume , and corrective actions . Within fiv e (5) days followmg a n accidental discharge , the user shall s ubm it to the Direeter CITY a d etailed wntten report describing the cause of the discharge and the mea s ures to be taken by the user to prevent similar future occurrences. Such notification s hall not relieve the user of any expe nse, lo ss, damage . or other liability wluch ma y be incurred as a result of damage to the POTW , fi s h kills , or any othe r damage to persons or property , and s uch user s hall be liable therefor, nor s hall s uch notification relieve the user of any fine s. civil penalties. or other liability wluch 91 • I • 0 • • ,. • • -.. may be imposed by this Chapter or other applicable law. FaJ..iure to report accidental discharges may, in addition to any other remedies . result in the revocation of the discharger's wastewater discharge permit. If the POTW is fined by the State or Federal government for violation of the POTW·~ NP DES permit or v10lation of Water Quality Standards as the res ult of a s pill or mtenuonal slug discharge of a toxic pollutant, then the fine . including all POTW legal . s ampling, analytical testing costs and any other related costs s hall be charged to the responsible user. Notice to Employees. A notice shall be permanently posted on the user's bulletm board or other prominent place advising employees whom to call m the e vent of a n accidental discharge. Employers shall ensure that all employees who may observe . cause or suffer such an accidental discharge to occur are advised of the emergency notification procedure . Section 201. Title 12, Chapter 2. Section 2 · GENERAL REG ULATIONS . Pa ragraph L. Englewood Municipal Code 1985, is hereby amended a s follow s : L. Manhole Covers . No person shall open any sewer manhole without the permiss ion of the QiPeeter ef Uttlitiee CITY . Section 202, Title 12. Chapter 2. Section 2 · GENERAL REG ·uTIO, ·s. Paragraph N, Englewood Municipal Code 1985, is hereby amended as follow s : N. Prohibited Connections . It is unlawful for any person. corporation . or other busmess entity, either m person or through an agent. employee , or contractor to make, allow or cause to be made any connection to the POTW for the purpose of servicing property outside the boundaries oft he POTW. except upon recommendation of the QiPeeter ef Utttities CITY and the approval of the City Council. Section 203, Title 12 , Chapter 2, Section 2 · GENERAL REGULATIONS . Paragraph 0 . Englewood Municipal Code 1985, is hereby amended as follows : 0 . Private Wastewater Disposal. I. Private Disposal . a . Prior to commencement of construction of a private wastewater disposal system. the owner or his agent shall first obtain written permission from the Tri-County Health Department for submission to the~ eHJtttitiee CITY. b. The application for the permit required by Section 12-2-5 shall be made on a form furnished by the Tri-County Health Department which the applicant shall supplement by any plans, specifications and other information as is deemed necessary by the Tri-County Health Department. 92 • ... .. I • 0 ] • • • p ,,,-. • l . ,, • • c. The owner or his agent shall operate and maintain the pnvate wastewater disposal facilities at hi s sole expense and in co mpliance with all Federal. State, and local laws , rules a nd regulations . d . No statement contained in this Section sha ll be construed to interfere with any additional requirements which may be unposed by t he Health Department or QiPeeMr ef Utiltties THE CITY. e . The type, capacity, locatio n . a nd layo ut of a n individ ual wastewater disposal system shall comply with all standards of t he Tri-Co unty Health Department. No permit s hall be issued for any individual wastewater disposal syste m employing s ub s urface so il a bsorption facilities where the area of t he lot does not meet the regulat10ns imposed by the Health Department and in no event where the area of the lot is less than fifteen thousand (15 .000) square feet . f. The Tri-County Health Department shall be allowed to mspect the work under this division at any stage of co n struction : a nd . in a ny eve nt. the applicant for t he permit s hall notify the Tri-Cou nty Health Department when the work is ready for final m s pect ion a nd before any underground portions are covered . Th e inspection s hall be made withm forty -eight (48) hours of the notice by the i:>1reeter ef t:ultues CITY . exclusive of Saturdays. Sundays a nd legal holidays .. 2. Wastewater or Septic Tank Haulers. Wastewater or eptic tank hauler s shall not discharge any waste within the co rporate bou ndanes of t he City exc ept at discharge points designated by the~ CITY . All permitted discha r ges shall co mply with the terms of the septic hauler permit agreemen t . All violator s are s ubject to the legal Liabilitie s a nd penalties provided in this Chapter. Section 204, Title 12 , Chapter 2, Section 3 -FEES AND CHARGES . Paragraph A. Englewood Municipal Code 1985. is hereby a mended as foll ows : A . Purpose . It is the purpose of this Sectton to provid e fo r the payment of all POTW costs . including Util.itiee i:>e11af'f111e11t costs OF THE CITY 8118 i:>e11art111e11t ef 'Haste ater Treat111e11t eeete . The total a nnual cost of ope ration and ma mtenance shall include , but need not be limited to , labor, r epa.trs . eq uipment r eplacement, ma.tnte nance , nece ssary modification s . powe r , sampling, laboratory testmg and a reasonable contingency fund . The charges will be based up on the q uality a nd quantity of user's wastewater, and also upon the I>e11Mtme11t ef Utihtiee e.118 I>e11&rtme11t sf WaeM'llater Treatment capital and operating cos t s to intercept, treat, a nd dispose of wastewater. The applicable charges shall be as set forth herein. Section 206, Title 12, Chapter 2, Section 3 -FEES AND CHARGES . Paragraph B. Subsection 6, Englewood Municipal Code 1985. are hereby a mended as follows : B. General. 93 • .. .. I • 0 ] ( •• • ~ -· • 7, . ... • -... 6 . Charges for service to customers in side the City limits s hall be billed in quarter-annual installments in advance. Charges for sewer onl y se rV1ce outside the City may , at the discretion of the DiPeeMr ef !o'te11eeial Se"' tee s CITY , be billed annually where th.is would not co nfli ct with spec ial provis ions of a connector's agreement. All bills are due and paya bl e as of the billing date and become delinquent thirty (3 0) days after the billing d a t e. Sectjon 206. Title 12 , Chapter 2, Section 3 · FEES AND CHARGES. Pa r a graph C. Subsection 4, Englewood Municipal Code 1985 , is h ereby amended as foll ows: C. Special Cases: 4. Other Cases: Where the procedures a bov e are not a pplica bl e , or wh e n application of same would work an obviou s and significa nt iniustice to the customer, a rate shall be established by the~ CITY ba sed on reaso na bl e estimates of projected flow . Section 207. Title 12 , Chapter 2, Section 3 · FEES Al\'D CHARGES . Pa r a graph D. fir st paragraph only, Englewood Municipal Co de 1985 , is here by amended as follows : D . If any water or wastes are disc harged . or are prop ose d to be di sc harged t o the public sewers, which waters contain the s ubstances or possess the characteristics enumerated in subsection 12-2-28 above and , in the judgment of the DiPeeter af ~ CITY , may have a deleterious effect upon the sewage works , proces ses, equipment or receiving waters . or which otherwise create a hazard to life or constitute a public nuisance , the~ CITY shall also charge the following fees and take s uch enforcement action in accordance with Section 12-2 -6 of tlus Chapter as the~ CITY deems advisable . Sectjon 208. Title 12 , Chapter 2 , Section 3 · FEES AND CHARGES) Paragraph E , Subsection 1, Subparagraph a., Englewood Mumcipal Code 1985 , is hereby amended as follows : E . Industrial Cost Recovery (!CR): 1. a . Significant industrial users shall be monitored to determine stre ngth levels. This s hall be accomplished ac cording to a pretreatment progra m established by the DiPeeter af Utilities aeEi 111313raveEi lly tlte DiPeetar af WaeM .. aler Treatmeet CITY. The results of sampling and analysis will be recorded in the utilities office . reported to the affected industry and reported to regulatory agencies per this current directive . Section 209. Title 12 , Chapter 2, Section 4 · PRIVATE SEWERS, CONNECTIONS AND REPAIRS. Paragraph E , Englewood Municipal Code 1985 , is hereby amended as follows : E . Installation and Maintenance. All costs and expenses incidenta l to the tnstallation and connection of the private sewer shall be borne by the applicant who shall retain or employ a licensed sewer contractor or plumber to make co nnection to a nd install a sewer. 94 • .. . • I ) I • 0 ] • • • , ....... • • The service line from the public sewer main line to the s tructure to be se rv ed s hall be installed by the property owner a t hi s/h er exp ense. The owne r s h all hold the City harmless for any loss or dama ge that ma y directly or indirectly be occasioned by the installation of the se rvice line or the malfunction of any old pnvate se wer. The owner of any property connecting to the POTW shall be res pon s ibl e for the maintenance of the service line from the public sewer to the structure to be served. The owner shall keep the service line for which he /she is responsi ble in good condition and shall replace at his/her expense any portion s thereof which. in the opinion of the J:>ipeeter ef l:tiltties CITY . have become damaged or disintegrated as to be unfit for further use. or is in such co ndition to permit mfiltrat1on into the system. All repairs shall be completed w1tlun tlurty (30 ) days a fter n otification a nd shall be completed by a bonded contractor. The owner hall be r es pon sibl e for returrung the public right-of-way and the street to acceptable Ci ty s tandards. Sectjon 210. Title 12. Chapter 2, Section -I· PRIVATE SEWERS , CO:-.i?\ECT101'S AND REPAIRS , Paragraph F , Englewood Municipal Code 198 5, 1s he r eby a me nded as foll ows : F. Oil and Grease Interceptor Installation: I. Greas e Interceptor Installation Criteria: Grease trap inte r ce ptor s a re r equired for all facilities used and operated regularly for the sale of prepa r ed foo d , including but not limited to restaurants, cafes, fast food o utlet s , pizza outlets , delicatessens , sandwich shops and any and all other kinds a nd t y pes of food vending establishments in which any food preparation (including heating or defrosting in or by means of any kind of oven or heating device) takes place on the premises, whether or not such facilities are located in a se parate building or structure or occupy space in a building or structure that 1s oc cupied by other businesses . as well as schools, churches, boarding houses with co mmunal kitchen facilities , nursing homes, and day care ce nters which have kitchens and engage in the preparation of food . In addition . meat cutting faciliti es and others capable of discharging significant amounts of grease into the POTW shall be required to install grease interceptors . The exception s hall be those facilities granted a variance by the E>iPeeter ef Ctiltttes CITY with the approval of the Water and Sewer Board. Grease interceptors s hall not be r equired for private residences or dwellings unless there a re co mmercial uses withm the dwellings that generate amounts of grease beyond that generated by a residential dwelling. 2. Grease Interceptor Sizing Criteria: The E>iPeeter ef Utilities CITY shall promulgate rules, regulations and criteria for grease interceptor s izing . 3 . Inspection of Grease Interceptors: The E>ireeter ef Utilities CITY s hall establish an inspection program for grease interceptors. The E>iPeeter ef ~ CITY shall develop rules and regulations to inventory all grease interceptors and document the inspections of these interceptors . 4 . Grease Interceptor Pumping Schedules: All u se rs connect ed to grease interceptors will be required to pump out their inte rceptors at inte rval s determined in rules , regulations and criteria promulgated by the E>1Peeter ef ~CITY. 95 ) I • 0 J ( • • • .. ,-. • • - 5. Biological Treatment: Biological treatment s hall not be a s ubstitute for the pumping of the grease interceptor. 6 . Existing Sources Not Connected to Grease Interceptors : Existing so urces not connected to grease interceptors and which co ntribute s ignificant amounts shall be identified through inspection of the co llection systems. Once these sources are identified, they will be required to implement best manage ment practices (BMP's) to keep oil and grease out of the POTW . The Direete• ef ~ CITY shall promulgate rules. regulations a nd criteria for BMP 's. If the BMP's are not successful at the facility a nd the facility co ntinues to contribute significant amounts of oil and grease t o the sarutary sewer , as documented by field inspections . then the facility will be required to install a n adequately sized grease interceptor. 7. Right of Entry: Whenever it is necessary to mak e an in pect10n to e n fo rc e a ny provisions of this Section. or whenever the Du eeteF er hi st.he r Eiee1gt1ee CITY believes that there exists in any premises s ubj ect to this Section a ny co nditi on or violation with regard to the use and maintenance of oil a nd grea se interceptors , the Ditoeeter ef Utilities er hiether Eie sigt1ee CITY PERSONNEL may enter such premises to inspect the same provid ed that h e.'e he s hell lirst ~ proper credentials BE PRESENTED and request a n d be granted entry. or otherwise have grounds for a search warrant exce ption as may be auth orized by law. If requested entry be refused , W DiPeeter ef Cttltttes er ht s 'her ~ CITY shall have recourse to every remedy provided by law to secure entry, including an issuance of an administrative warrant from the Municipal Court or from the District Court of the State of Co lorado having Jurtsd1ct1on . Section 211. Title 12 . Chapter 2 , Section 4. -PRIVATE SEWERS . C0:-11':EC TlONS A:-ID REPAIRS , Paragraph G, Englewood Municipal Code 19 5. 1s hereby a me nd ed as follow G . Permit Required : Before commencement of construction of a pnvate e wage disposal system, the owner shall first obtain a written pe rmit s igned by the Direeter ef 1:Itilttiee CITY. Section 212. Title 12 , Chapter 2, Section -t -PRIVATE SEWERS . CONNECTIONS A:-ID REPAIRS. Paragraph H, Englewood Municipal Co de 1985 , is he reby a mended as follow s: H . Connection Requirement: l. The applicant for the private sewer permit shall notify the DiPeeter ef lJubties CITY when the private sewer is ready for inspection and connection to the public sewer. The applicant must have secured a permit and have met all Ctty requirements. The connection shall be made under the s upervis10n of the DiPeeter ef Utilities er ltiether CITY'S represe ntative . 2. The owner of any structure used for human occupancy, e mployment or activity , situate within the City, may be required at s uch owner's expense to connect such structure to a public sewer, if such a public sewer is within four hundred feet (4 00') of the property line of the property upon which the structure is 96 ) I • 0 • • .. • /" . • :.,, • -' located . Such connection shall be made within ninety (90) days after notice from the~ CITY is served on the owner of the property affected: provided, however. that in the event compliance with this subsection causes severe economic hardship to said person, he/s he may a pply to the City for exemption from this subsection. Such applications shall state in detail the circumstances which are claimed to cause such economic hards hip . Such exemptions shall only be granted to residential users. s hall not apply to other users . and shall be granted only for such time as the demonstrated hardship elClSts. Service shall be considered complete up on deliver)' of the notice to the ow ner of the property or by posting a copy ofthe notice on the property in que stion in a conspicuous place and by mailing a co py of s uch notice, registered mail. to the record owner of the property as disclosed a nd at the add re ss s hown in the current records of the Arapahoe Co unty Assessor. 3. If a public sewer is not available within four hundred feet (400 ') of the property line of the property upon which a house or building 1s located . a private sewage disposal system constructed in accordance with ap plicabl e r egula tions of the Health Department shall be utilized to dispose of sewage . 4. In cases where a public sewer was not previously available w1tlun four hundred feet (4 00') of the property line of a property but a public sewer la ter becomes available within such distance, the owner may be required to co nnect with the public sewer as provided in subsection H2 above. In such event, after the connection is completed, the private sewage disposal system shall be e mptied. cleaned and filled with sand or dirt. 5 . It shall be unlawful for any person to deposit or discharge, or to ca use to be deposited or discharged, to any wastewater collection facilities a ny sohd or liqwd waste unless through a connection approved by the City . Section 213, Title 12 , Chapter 2, Section 5 · INDUSTRIAL WASTEWATER DIS CHARGE PERMITS, Englewood Municipal Code 1985 , is hereby amended as follows : 12 -2-5: IND USTRIAL WASTEWATER DISCHARGE PERMITS : A. Wastewater Discharger. 1. There shall be no discharge of wastewater into the POTW , or in any a rea under the jurisdiction of said POTW , without a wastewater discharge permit (e xcept as authorized by the~ CITY in accordance with the provisions hereof). 2. Permit Issuance. The~ CITY shall issue a wastewater discharge permit to the applicant if lie finlis that all of the following conditions are met: a. Application for permits shall be made upon written forms prepared by the ~ CITY and shall contain, in addition to other items: (1) Name and address of user. 97 ----•"------------- ' . A I • 0 - • • I• ·,, ,. . ...---· • • - (2) Name and address of corporate agents for service if the applicant is a corporation. (3) Pnnted name , signatures. date of birth , and position of person signing the permit for the user. (4) ot later than three (3) business days . the user will notify the ~ CITY of the identity and address of changes in the corporate agent for service for corporations. (5) Not later than three (3) business days. users are required to notify the~ CITY of changes in the identity. address. date of birth, and position when the pos1t10n of the user signatory to the permit 1s changed . a nd not later than two (2) weeks from such change the permit will be changed by a n addendum to reflect the new signatory . b . The proposed new discharge is m compliance with the prohibitions and limitations of Sections 12-2-2 and 12 ·2· 7 of tlu s Chapter; c. The proposed new discharge would pe rmit the normal and e fficient operation of the wastewater treatment ystem : a nd d . The proposed new discharge would not r e ult m a v1olat10 n by the City or the Metro District of the terms and co nditi ons m its NPDES permit. e . EXIsting discharges may be permitted prov1dmg they meet all requirements of subsections A2a. A2b. A2c and A2d of tlus Section, or providing a compliance schedule be issued for bnnging the discharge mto compliance with s ubsections A2a, A2b . A2c and A2d ofthis Section. 3 . Permit Denial and Appeal. a . Failure of any applicant to provide the information required in this subsection A will result in the permit being denied. b. In the event an application for a wastewater discharge permit is denied, the~ CITY s hall notify the applicant in writing of s uch denial. Such notification shall state the grounds for denial with that degree of specificity which will inform the applicant of the measures or actions which must be taken by the applicant prior to issuance of a permit . c. Upon receipt of notification of denial of a permit application . the applicant may request and shall be granted a hearing to be held by the ~ CITY. At such hearing the applicant shall have the burden of establishing that the conditions set out in this Chapter have been met and that a permit should be issued . The hearing shall be held within thirty (30) days of the applicant's request but may be continued upon a showing of good cause to do so by either the City or the applicant . d. Upon review of the evidence. i,,. the~ CITY , he shall he shall make findings of fact and issue an order directing that a wastewater discharge permit be issued , or directing that such permit shall not be 98 • ., ) I • 0 ·] • • • • - issued, or give such other or further ord er s and directives as are necessary and appropriate. B. Sewer Tap Perll!its. I. A sewer tap permit for a single-family , multi-family, r esid ential , a nd/or commercial user s hall remain in effect until termmated by the City . ... 2. All users proposing to co nnect to the wastewater system shall obtain a co nstruction permit before connection to and/or discharging to the sys tem . Users shall complete and file with the Qi,i eetar af Utilities CITY an app lication in the form prescribed by the Qi,isises CITY a nd accompanied by a fee as set forth in Schedule B. In support of the application . the user s hall s ubm it. in units and terms appropriate for evalu ation . the following information : a. Name, address . locatio n of discharge (if different from the address). b. SIC number according to the Standard Industrial Classification Manual. Burea u of the Bud get. I 9i2. a s ame nd ed . c. Time(s) and duratton of discharge . d . Site plans, floor plans. mechanical and plumbing plans a nd details to show all sewers. co nnections , a nd appurtenance s by size . locat10n and elevation. If deemed nece ssary by the City , such plans s hall provide for separate systems for handling sanitar y a nd industrial wastewater. Nonresidential buildings may be reqwred to have installed a sewe r sampling manhole for City access to its wastewater being discharged to be installed per City engineering requirements . e . Description of activities. facilities and plant processes on the premises . including all materials which are or cou ld be discharged. f. Each product produced by type , amount, a nd rate of production. g. Number and type of employees and hours of work. h . Any other information deemed by the Qireeter ef Utilities CITY to be nece ssary to evaluate the permit application. C. Industrial Permits. I. The~ CITY shall require a significant industrial user to obtain a n industrial permit. Proposed new significant industrial users s hall apply at least ninety (90) days prior to connecting to or contributing to the POTW . Users s hall complete and file with the~ CITY an application in the form prescribed by the Qepal'lmeet CITY and accompanied by a fee as may be reqwred , containing information, in addition to that required for a general permit. in units and terms appropriate for evaluation, as follows : a. Wastewater Quantity and Quality. Quality characteristics include , but are not limited to. those mentioned in Section 12-2 ·7 ofthis Chapter as determined by a reliable analytical laboratory: sampling and analysis 99 • ., ) I • 0 ( • • • ,. • • - shall be performed in accordance with procedures established by the EPA pursuant to section 304(g) of the Act and contained in 40 CFR, part 136 , as amended. b . Average daily and thirty (3 0) minute peak wastewater flow r ates, including daily , monthly and seasonal variations, if a ny . c. Where known , the quantity and s pecific nature of any pollutants in the discharge which are limited by any pretreatment standards , and a statement regarding whether or not the pretreatment standards are being met on a consistent basis, and. if not, whether additiona l operation and maintenance and/or additional pretreatment is r equired for the user to me et applicable pretreatment standards. d . Written description and diagram of existing pretreatment equipment, if any, including, but not limited to , treatment processes , treatment tank dimensions and retentio n time, chemical supplies , operating perso nnel a nd certification . a nd plumbing diagram of treatment system . e . Co mpliance Schedule . If additional pretr eatment a nd/or O & M will be required to meet the pretreatment standards , the schedule by wh.t ch the user will provide such additional pretreatme nt. The completion date in tlus schedule shall not be later than the compliance date established for the application pretreatment requirements. The following conditions shall apply to this schedule: (I) The schedule s hall contain increments of progress in the fo rm of d ates for the commencement and completion of major events leading to the construction and operation of additional pretreatment r equired for the user to meet the applicable pretreatment req uirements . (2) No increment referred to in s ubsectio n Cle shall exceed n ine (9 ) months . f. Any other information deemed by the ~ CJ'T''{ to be necessary to evaluate the permit application . 2. P e rmit Modifications . Upon enactment of an NCP S and within t he time prescribed thereby, the industrial permit of user s s ubj ect to s uch standards shall be revised to require compliance therewith. Where a use r . s ubi ect to a n NCPS, has not previously submitted an application for a permit, the user s h a ll apply for a permit within thirty (30) days after notice of the enactment of the applicable NCPS . The user with an existing wastewater discharge permit shall submit to the~ CITY within thirty (30) days after such notice , the information required pursuant to this subsection. The terms and conditions of the permit shall be subject to modification by the~ CITY during the term of the permit as limitations or requirements are modified or other just cause exists as determined by the~ CITY. Any changes or new conditions in the permit shall include a reasonable time schedule for compliance, as determined by the~ CITY. In the event the discharge permit previously granted shall be materially and substantially changed as determined by the IMeeleP CITY, the person previously granted such permit 100 • ) I • 0 • • • • ), • - shall make a new application to the City , in the same manner and form a s originally made. 3. Permit Conditions . Permits shall be expressly subject to all provisions of this Chapter and all other applicable regulations , user charges and fees established by the City. Permits may contain , but are not limited to , the following : a . The unit charge or schedule of user charges and fees for the wastewater to be discharged to the system. b. Limits on the average and maximum mass and/or concentration of wastewater constituents and characteristics . c. Limits on average and maximum rate and time of discharge or requirements for flow regulations and equalizations. d. Requirements for installation and maintenance of inspection and sampling facilities . e. Specifications for monitoring programs which may include s ampling locations , frequency of sampling, number. type s and standards for tests and reporting schedule . f. Compliance Schedules and Reporting Requirements. Not later than fourteen (14) days following each date in the schedule and the final date for compliance, the user shall submit a factual progress report to the ~CITY including as a minimum , whether or not the user complied with the increment of progress to be met on such date . g. Requirements for submission of technical reports or discharge reports . h . Requirements for maintaining and retaining plant record s relating to wastewater discharge as specified by the City and affording City acces s thereto. i . Requirements for notification of the City of any new introduction of wastewater constituents or any substantial change in the volume or character of the wastewater constituents being introduced into the wastewater treatment system . j . Daily average and daily maximum discharge rates , or other appropriate conditions, when substances subject to limitation and prohibition are proposed or present in the user's wastewater discharge. k . Requirements for Notification of Slug Discharges . Evaluate, at least once every two (2) years, whether each such significant industrial user needs a plan to control slug discharges . A slug discharge is any non-routine, episodic nature, including, but not limited to , an accidental spill or a non-customary batch discharge . The results of such activities shall be available to the approval authority upon request. If the ~ eeei4ee CITY DETERMINES that a slug control plan is needed, the plan shall contain, at a minimum, the following elements: IOI • i) I • 0 ( • • • ,,,-. • ,. :,, .. •, • - (1) Description of discharge practices, including non-routine batch discharges ; (2) Description of stored chemicals; (3) Procedures for immediately notifying the CITY AND THE POTW of slug discharges, including any discharge that would violate a prohibition under 40 CFR 403.5(B), with procedures for follow-up written notification within five (5) days ; (4) If necessary. procedures to prevent adverse impact from accidental spills, including inspection and maintenance of storage areas. handling and transfer of materials, loading and unloading operations. control of plant site run-off, worker training, building of containment structures or equipment, measures for containing toxic organic pollutants (including solvents), and/or measures and equipment for emergency response . I. Requirements for separate sys tems to handle sanitary and indus tria l wastewater, such that in the event the user's industrial wastewater is causing or could cause an interference or a potential interference with the POTW , the industrial wastewater could be severed, preventing discharge into the POTW and still allowing the user's sanitary wastewater to discharge into the POTW . m . (1) Required When Necessary by Direet.er THE CITY ; Exception . Grease, oil and sand interceptors shall be provided when. in the opinion of the Direet.er CITY , they are necessary for the proper handling of liquid wastes containing grease in excessive amounts , or any inflammable wastes, sand and other harmful ingredients; except, that such interceptors shall not be required for private living quarters or dwelling units. (2) Construction Specifications . Grease and oil interceptors shall be constructed of impervious materials capable of withstanding abrupt and extreme changes in temperature . They shall be of substantial construction, watertight and equipped with easily removable covers which , when bolted in place , shall be gastight and watertight. All interceptors shall be of a type and capacity approved by the 9iPeet.er eHJtil,itiee CI TY and shall be located so as to readily and easily be accessible for cleaning and ins pection . (3) Maintenance by Owner. Where installed. all grease, oil a nd sand interceptors shall be maintained by the owner at his expense in continuously efficient operation at all times. n. Other conditions as deemed appropriate by the City. 4 . Permit Duration. Permits shall be issued for a specified time period, not to exceed three (3) years. A permit may be issued for a period less than a year or may be stated to expire on a specified date. The user shall apply for permit reissuance a minimum of one hundred and eighty (180) days prior to the expiration of the user's existing permit. The terms and conditions of the permit 102 ' . ) I • 0 - • • • • .,.-. • • - may be subject to modification by the City during the term of the permit as limitations or requirements are modified or other just causes exist. The user shall be informed by any proposed changes in his permit at least thirty (3 0) days prior to the effective date of change . Any changes or new conditions in the permit shall include a reasonable time schedule for compliance. Any permit may be canceled or terminated for failure to comply with the requirements hereof. 5. Permit Transfer Prohibited . Permits are iss ued to a specific user for a specific operation. A permit shall not be sold , traded. assigned, transferred or sublet. D. Monitoring Facilities . l. The industrial user shall provide and operate, at its expense, monitoring equipment and facilities sufficient to allow inspection, samplmg a nd fl ow measurements of the building sewer and/or internal drainage systems . The monitoring facility should normally be situated on the industrial use r's premises, but the City may, when s uch a location would be impractical or ca u se undue hardship on the industrial user , allow the facility to be constructed in the public street or sidewalk area , and located so that it will not be obs tructe d by landscaping or parked vehicles. The facility should be capped with a watertight lid and that facility shall not be located in a street or gutter . 2 . There shall be ample room in or near such monitoring manhole or facility to allow accurate sampling and preparation of samples for analysis. Th e facility . sampling and measuring equipment shall be maintained at all times in a safe and proper operating condition at the expense of the industrial use r . 3 . Whether constructed on public or private property. the s amplmg a nd monitoring equipment and facilities shall be provi ded in acco rda nce with the ~ CITY requirements and all applicable loc a l co nstruction tan d ard and specifications. Construction shall be completed w1tlun SL'<ty (60 ) d ay following written notification by the DtPeet.er, CITY . 4 . Whenever required by the E>iPeeter ef Utilities CITY , the owne r of a ny property serviced by a private sewer carrying nonresidential wastewater sha ll m tall a monitoring manhole for each separate di scharge in the private sewer in accordance with plans and specifications approved by the E>i. is ie11 eftl!/tft ee r CITY, installed and maintained at all times at the indus trial user 's expe nse . which shall have ample room in each sampling chamber to t a ke acc urate fl ow proportioned composite samples for analys is . The monitonng ma nhol e s hall be safely, easily and independently acces sible to 8ft &11theri11eli re13re ee 11tefr·e ef the POTW CITY PERSONNEL at all reasonable times. a. Each monitoring manhole shall contain a Palmer-Bowlus flum e or s imilar device approved by the I>iPeeter sf Ytil.ities CITY with a recording and totalizing register for measurement of the liquid quantity ; or at the discretion of the E>iPeeter ef Ytil.itiee CITY the metered water s upply to the industrial plan may be used as the liquid quantity, or wh ere a measurable adjustment agreed to by the E>ireeter ef Ytil.ities CITY is made in the metered water supply to determine the liquid waste quantity . 103 • I • 0 - ( • • • ,. .,.--. • , . • - b . Samples shall be iaken and properly preserved in accordance with 40 CFR 136, as amended. and shall be a representative twenty .four (24) hour sample. S uch sampling shall be done as prescribed by the~ CITY to ensure representative quantities for the entire reporting p e riod . Certain pollutant parameters such as, but not limited to. cyanide. phenol, pH , oil, grease, and/or chlorine demand which ca nnot be collected by using a compos ite s ample may be collected by the use of a "grab" sample . c . The frequency of sampling, the monitoring manhole. the m etering de,'1ce. sampling methods and analysis of samples shall be s ubject, at any time. to inspection and verification. d . All metering and sample collection shall be done by the use r . Ci t y or a private entity and a t the request of the user or the City, s hall have a s plit flow sample for optional analysis. e. The indus trial u ser or an a pproved private entity is required to a n a lyze the sample in accordance with the requirements establi s h ed m Se ctio n 12·2·5G of this Cha ptk ~. All testing iS SHALL BE at the e xp e n s e of the industrial u ser . 5 . The E>ireeter ef UtiJities CITY may require that the monitoring fac1hti es be installed in a permanently fixed above.ground enclosure . 6 . Subject to the E>ireeter 's CITY 'S approval, any user may provide or h as the option to contract with the City or any private entity to proVIde s u ch service as deemed necessary , inc! 1ding, but not necessarily limited to , the following : a . Monitoring facilities b . Inspection and sampling c. Laboratory analysis E. Inspection . 1. The E>ireeter ef Uhlittes. his C ITY'S representatives , or represe ntatives of the Metro District may inspect the equipment and facilitie s of any u ser at a ny reas onable time to asce riam whether the applicable ordinances, rules a nd regulations are being complied with . Persons or occupants of pre mises where wastewate r is created or discharged shall allow the E>ireeter , his PellreseetatiYes , CITY or representatives of the Metro District, rea dy access at all reasonable times to all parts of the premises for the purpose of inspection, sampling, records examination and copying, or the pe rformance of other duties . The~ CITY, Metro District, State and EPA s hall have the right to se t up on the user's property such devices as are nece ssary to conduct s ampling inspection, compliance monitoring and/or metering operations. Where a user has security measures in force which would require proper identification and clearance before entry into their premises, the user shall make n ecessary arrangements with their security guards so that upon presentation of suitable identification, personnel from the~ CITY , Metro District, State, and EPA will be permitted to enter, without delay, for the purposes of performing their specific responsibilities . 104 • ) I • 0 - ( • • -• .. • ,_ •,, • -.. category are required to submit a factual report which contains the information listed in paragraphs (b) (1)-(7) of section 403 .12 of the Federal General Pretreatment Regulations for Existing and New Sources. New categorical industrial users are required to submit to the City a factual report which contains the information listed in paragraphs (b) (1)-(5) of section 403.12 of the Federal General Pretreatment Regulations for Existing and New Sources. 3. Within ninety (90) days following the date for final compliance with applicable pretreatment standards or. in the case of a new source. following commencement of the introduction of wastewater into the POTW , any user subject to pretreatment standards and requirements shall submit to the DiPee4;ep. CITY a factual report indicating the nature and concentration of all pollutants in the discharge from the regulated processes which are limited by pretreatment standards and requirements, and the average and maxim um daily flow for those process units in the user's facility which are limited by such pretreatment standards or requirements . The report shall state whether the applicable pretreatment standards or requirements are being met on a consistent basis and, if not , what additional O&M and/or pretreatment is necessary to bring the user into compliance with the applicable pretreatment standards or requirements . This statement shall be signed by an a uthorized representative of the industrial user and ce rtifi ed to be a qualified profe ssional. 4. Periodic Compliance Rep orts . a . Any user s ubject to a pretreatment standard , after the compliance date of such pretreatment standard, or , in the case of the discharge into the POTW , shall s ubmit to the~ CITY during the months of June and December, unless required more frequently in the pretreatment standard or by the DireeleP CITY , a factual r eport cove ring the preceding six (6) months a nd indicating the nature a nd co nce ntration of pollutants in the effluent which are limited by such pretreatment standards. In addition, this report shall include a reco rd of average a nd maximum daily flows for the reporting period for all regul ated processes . At the discr etion of the~ CITY and in consideration of such factors as local high or low flow rates , holiday s, budget cycles , etc., the~ CITY may agree to alter the months during which the above reports are to be submitted. b . The~ CITY may impose mass limitations on users where appropriate. In such cases, the report required by subsection J4a of this Section shall indicate the mass of pollutants regulated by pretreatment standards in the effluent of the user. These reports shall contain the results of sampling and analysis of the discharge, including the flow and the nature and concentration, or production and mass where requested by the~ CITY of pollutants contained therein which are limited by the applicable pretreatment standards. All analyses shall be performed in accordance with procedures established by the Administrato r pursuant to section 304(g) of the Act and contained in 40 CFR, part 136 and amendments thereto or with any other test procedures approved by the Administrator. Sampling shall be performed in accordance with the techniques approved by the Administrator. 106 .. ) I • 0 ( • I ' • • .. ,. /' . • .. .... • -' F. Permit Revocation . Any user who violates the following conditions hereof, or applicable State and Federal regulations, is subject to having his permit revoked : 1. Failure of the user to comply with the provisions in subsection 12-2-5A2a of this Section ; 2. Failure of a user to report factually the wastewater constituents and characteristics of its discharges : 3 . Failure of the user to report significant changes in operations or wastewater constituents and characteristics: 4 . Refusal of reasonable access to the user's premises for the purpose of mspection of monitoring; 5. Violation of conditions of the permit or this Chapter or any final judicial ord e r entered with respect thereto ; 6. Failure to pay any fees or charges ; 7. Tampering with, disrupting, or destroying City equipment as determined by the~ CITY MANAGER OR DESIGNEE . which determination shall be conclusive ; 8 . Failure to report an accidental discharge of a toxic pollutant or any pollutant above levels authorized in the permit. G . Legal Action Authorized. If any user discharges into the POTW contrary to the provisions of this Chapter, Federal or State pretreatment requirements, or any order of the City, the City Attorney may commence an action for appropri ate legal and/or equitable relief, including a petition in a court of competent jurisdiction fo r a temporary restraining order , preliminary and permanent injunction against the violation. H . Termination of Service . The City may terminate or cause to be term mated wastewater treatment service to any user for a violation of a ny provi sions herein . I. J . K. Civil Liability for Expenses. Any person violating the provisions herein shall be liable for any expense, Jo ss or damage caused the City by reason of such violation , including the increased costs . if any, for managing effluent and/or s ludge . Th e person shall also be liable and pay all attorney fee s, court costs , and expenses necessary to enforce any provision of this Code. The~ CITY shall add such charge to the discharger's treatment charge . Civil Fine Pass Through. In the event that a user discharges such pollutants which cause the City to violate any condition of its NPDES permit and the City is fined by EPA or the State for such violation, then such user shall be fully liable for the total amount of the fine assessed against the City by EPA and/or the State. Criminal Penalty and Fines . 108 • . ) I • 0 - • • ,-l • -. ~ ,,,--. • ,-!\ .. • -.. 1. Any person who violates any condition of the permit, Diel eeter'e CITY'S order, or any provision of this Chapter shall be s ubject to a fine of not more than two thousand dollars ($2 ,000.00) or by imprisonment in the County jail for a period not to exceed one (1) year or by both such fine and imprisonment for each violation. Each day in which any violation shall continue shall be de emed a separate offense . 2. Any fine and/or any jail sentence imposed under the provisions of the foregoing subsection Kl of this Section may be suspended for any period not to exceed three (3) years. L. Civil Penalties. In addition to any other penalties provided herein , the City may recover reasonable attorney's fees , court costs. court reporters ' fees . and other expenses of litigation by appropriate legal action against the u se r found to have violated any provisions herein. or the or ders , rules, regulatio n s , and permits issued hereunder. The Attorney for the City. up on request of the City Co uncil , shall petition an appropriate court to impose, assess , and recover s u ch s um s . M. Any person who sha ll violate any condition of the permit, Qi,peeter'a CITY 'S order, or any provisio n of this Chapter s hall be subj ect to imm ediate disconnection of the sewer servicing the property upon or in con nectio n with whi ch the violation occurred. Appeal Procedure and Order. Any permit applicant, permit h older, or other u ser affected by any decision , action , or determination . including cease a nd desist orders. made by the City other than any judicial action filed or unde r litigation in any court including the Englewood Municipal Court, or any permit issued hereunder, may file with the ~CITY a written r eq uest for r eco n si dera ti on and a stay of the decision within ten (10) days of such decisio n , action , or determination, setting forth in detail the facts s upporting the r eq uest, whereupon the~ CITY shall hold a hearing. The request for reconsideration shall be acted upon by the BiPeet,er CITY within ten ( 10) days from the date of filing . The decision , action or determination may be stayed during such period of review by the ~ CITY MANAGER OR DESIGNEE . If the decision of the BiPeet,er CITY MANAGER OR DESIGNEE is unsatisfactory to the person appealing, lie THEY may file a written appeal to the Water and Sewer Board within ten (10) days after receipt of the decisio n . The Water and Sewer Board may hear the appeal and shall make a final ruling on the ap peal within thirty five (35) days of receipt of the user's written appeal. The decision , actio n or determination of the~ CITY MANAGER OR DESIGNEE may be stayed during such period of review by the Water and Sewer Board. After the Water and Sewer Board has reviewed the evidence, it may issue an order to cease and desist to the user responsible for the discharge directing that, following a specified time period, the sewer service be discontinued unless adequate treatment fa cilities , devices or other related appurtenances are properly operated . Further orders and directives as are necessary and appropriate may be issue d. The decisio n of the Water and Sewer Board shall be binding on all entities and the user until and unless ruled otherwise by an appropriate court . Section 215. Title 12 , Chapter 2, Section 7 · LIMITATIONS ON DISCHARGE , Paragraph B, Englewood Municipal Code 1985 , is hereby amended as follows : 109 as ' .. ) I • 0 ( • • • ,.,,.-·· • • - B. Special Conditions May Be Granted: Industrial allocations may be approved under special conditions as determined by the Qireeter efUtliitiee CITY MANAGER OR DESIGNEE. The maximum daily allowable industrial loading shall be allocated through significant industrial user permits. The total loading to all permitted industrial u s ers s hall not exceed the level specified below . Changes in local limits due to increased or decreased loading in the service area may cause a cha nge in allocations granted under these special conditions . Industrial users s hall monit or and report daily flows as required by the wastewater contribution permit. Allocations may be revoked by the~ CITY and shall not be cons idered property rights . Pollutant Or Pollutant Propertv Arsenic, Total (As) Cadmium, Total (Cd) Chromium VI (HEX Cr) Copper, Total (Cu) Lead, Total (Pb) Mercury, Total (Hg) Molybdenum (Mo) Nickel, Total (Ni) Selenium (S e) Silver, Total (Ag) Zinc, Total (Zn) Daily Maximum Allowable Industrial Load <Lbs/Day} 10 .559 l.558 3 .33 1 19 .18 1 12 .789 0 .00193 26 .286 1 1.634 4 .i l9 4.i27 173 .04 7 Sectjon 216. Title 12 , Chapter 2, Section 9 · CON STR CTIO OF SEWERS : EXTENSION OF MAINS: COSTS; INSPECTIO N . Engle wood Municipa l Cod e 19 5 , is he re by amended as follow s : A. Whe n an applica tion is rece ived to extend the co ll ectio n mam in orde r to serve t he applicant or u s er whos e prope rty is loca ted with the City . the City s h a ll m a ke s u ch extension at its own expense. s ubject to r ecove ry of saJ d costs and provide d tha t the extension is to serve land properly subdiVJded . In the eve nt that the e xten s ion is to s erve nonsubdivided, indus trially zone d lands withm the Ci t y . the ~ C ITY MANAGER OR DESIGNEE ma y re quire that the a pplican t or u ser extend the collection main at his own co s t and expense, s ubi ect to a n equita bl e meth od of r ecovery of co sts . B . C . The individual colle ction mains outside t h e corporate limits s hall be by p ip e s, mains or service lines and appurtenances ins talled by the individual or connector , and the City shall assume no obligation for cos ts of construction therefor . All services shall be connected under the same provis ions a s may be required by the City for connections within its corporate limits . All charge s for s ewage collecte d outside the corporate limits of the City s hall be computed from rates set out in Section 12-2-3 of this Chapter. Quality control of privately constructed collection mains feeding the City tre atme nt plant s hall be assured by on-s ire ins pectors provided by the City of Englewood QepaN111e11\ ef Y\lii\iee, which agency s hall include the monitoring of collection 110 • '.) I • 0 • • • - • ·,· • • main construction and the lamping of mains when construction is complete. Charges for these services shall be billed to the responsible contractor, as follows: 1. Inspection (one man); weekdays . . . $12 .50/hr. After normal duty hours, weekends and holidays . . . . . . . . . . . . . $18.75/hr. 2. Lamping (crew of2 men): weekdays . . . . . . . . . . . . $25.00/hr. After normal duty hours, weekends and holidays . . . . . . . .................. $37 .50/hr. When an application is received for connection to mains or facilities not owned or controlled by the City. a permit for said connection will be granted only in those cases in which the E>epllf't,meat e{ Ytili&ie e CITY shall have been duly a uthor ized . in writing, by the owner in control of such main or facilities to grant s uch permit. 0 Section 217, Title 12 , Chapter 3 , Section 2 · LI CENSES ISSUED . CONDITl01'S, Englewood Municipal Code 1985, is hereby amended as foll ows : The City Water and Sewer Board may iss ue such li ce nses to a ny person . firm or corporation, private or public, upon such terms and conditions as sh all not be inco n siste nt with the intended use of said City ditch and such license agree me nt sha ll provi de fo r t he foll owing: A. All co nstruction shall comply with and conform to the standards formula ted by the 9itoeeter ef Ytililiee CITY . B. The City s hall have the right at all times to maintain. install, repair. remove or relocate the City tlitelt DITCH or any other of its facilities or installa tions within the Ci ty's right-of-way. The City reserves the exclusive right to control ail easements and installations. C. In the event that any use by the licensee should interfere with any future use of the right-of-way by the City, the licensee shall, upon request and at lus sole e xp e nse , relocate, rearrange or remove its installation so a s not to interfere with s uch use . D. Any repair or replacement of any City installation made necessary in the opinion of the City's E>itoeeter ef Utilities CITY MANAGER OR DESIGNEE or any r ea son shall be made at the sole expense of the licensee . E . F. All rights and privileges granted in any license iss ued by the Water and Sewer Board shall be subject to prior agreements, licenses and/or grants, recorded and unrecorded, and it shall be the licensee's sole res ponsibility to determine the existence of said documents or conflicting uses or installations. The licensee shall contact and fully cooperate with the City ditch foreman and the crossing shall be made without interference with any lawful, usual or ordinary flow of water through the City ditch . G . The licensee will not place, nor allow to be placed, any manholes, meters or similar appurtenances within the City's rights-of-way for the City ditch. 111 • I • 0 - ( • • ~-. • • - H . The licensee shall assume all risks incident to the pos si ble presence of s uch waters, storm waters or surface waters in the City tHt,ee DITCH . I. All licensees, by acceptance of their license , expressly a ss ume full and strict liability for any and all damage of any nature to persons or property caused by water from the ditch leaking through or breaking through the ditch bank or bank. at the poi nt or points where the licen see performs any work in connect10n with the crossing provided by the license. J . The licensee shall indemnify and save harmless the City , its officers a nd employees , against any and all claims. damages, actions or causes of action a nd expenses to which it or they may be subject by reason of said installation being within and across the premises of the City or by reaso n of any work d one or omission made by the licensee , its agents or employees in conn ection with the construction, replacement, maintenance or repair of said installation. K. The licensee expressly agrees that in the case of licensee's breac h of a ny of the provisions set out in this Chapter, the City may. a t its option, ha ve s pec ifi c performance therefor or sue for damages re s ulting from said breach . Section 218. Title 12 , Chapter 4, Section 1 · AUTHORITY TO IS SCE LI CENSES, Englewood Municipal Code 1985. is hereby amended as follows : The City E>ireet.er ef P11hli,e 'Uerka ae!l,ler Uhlttiea is hereby authoriz ed to iss ue lic e nses and permits for the installation of fiber op tic cables with in the City . All such installation s shall be governed by the provisions of this Chapter and sh all r equ tre a license or pe rmit pursuant hereto . Section 219. Title 12 , Chapter 4, Section 2 • LICE NS ES ISS iED , CONDITIONS, Englewood Municipal Code 1985, is hereby amended as follow s : The City E>ireeter ef P11hli,e 'Harks ae!l,ler Utili,tiea may issue s uch license s to any person , firm or corporation, private or public, upon such terms and conditions as he or she shall reaso nably determine and s uch license agreement shall provide for the following : A . All construction shall comply with and co nform to the standards formulated by the E>ireeter ef P11hli,e 'Uerke ae!l,ler Utili,tiee CITY . B. All technical standards governing construction, reconstruction , installation, operation, testing, use, maintenance, dismantling or other activity related to fib er optic cable provided for herein shall be in accordance with all applicable FCC and other Federal, State and local laws and regulations, including, but not limited t o, the Electrical Code and the specific modifications to that Code set forth in Title 8 , Chapter 20, of the Englewood Municipal Code and the standard for physical location and protection of below ground fiber optic cable plant and the specific modifications to that standard set forth in subsection 12 -4 -48 of this Chapter. C. The licensee shall be responsible for complying with the permit, bond and liability portions of Title 11, Chapter 3C of the Englewood Municipal Code . 112 • ---~------ ) I • 0 • ,! j -• --. • • -" ... D. The City shall have the right at all times to maintain, install, repair, remove or relocate the facilities or installations within the City's right-o f-way . The City reserves the exclusive right to control all easements and installations. E . In the event that any use by the licensee should interfere with any future use of the right-of-way by the City, the licensee shall, upon request and at lus sole expense, relocate, rearrange or remove its installation so as not to interfere with such use. F . Any repair or replacement of any City installation made necessary in the opinion of the Ci" 'a QiPeeMir ef P11elie Werke aad,<er Utilities CITI" MANAGER OR DESIGNEE for any reason shall be made at the sole expense of the licensee . G . All rights and privileges granted in any license issued hereby s hall be subject to prior agreements, licenses and/or grants , recorded and unrecorded , and it shall be the licensee's sole responsibility to determine the existence of satd documents or conflicting uses or installations. Nothing in this Chapter shall in any way limit the City's right to enforce ordinance3 and provisions relative to franchising or contracting. H . The licensee shall contact and fully cooperate with the City Qifoeeter ef P11elie Werks a,1d,<er Utilities to eliminate or minimize interference with any lawful , u s ual or ordinary use of the public right-of-way. I. The licensee shall not place, nor allow to be placed, any equipment without the approval as to location and means of installation, including means of construction . of the Qitoeet.er ef P11elie Werks aad,<er Utilities CITY. J . The licensee s hall assume all risks incident to the installation. K. All licensees . by acceptance of their license, expressly assume full and s trict liability for any and all damage of any nature to persons or property cau sed by their installation. L. The licensee s hall indemnify and save harmless the City, its officers and employees , against any and all claims, damages, actions or causes of actions and expenses to which it or they may be subject by reason of said installation being within and across the premises of the City or by reason of any work done or omission made by the licensee, its agents or employees in connection with the construction, replacement, maintenance or repair of said installation. M The licensee expressly agrees that in the case of licensee's breach of any of the provisions set out in this Chapter, the City may, at its option, have specific performance therefor or s ue for damages resulting from said breach. N. The licensee shall keep accurate, complete and current maps and records of its system and facilities which occupy the streets, public ways and public places within the City and shall furnish, as soon as they are available. two (2) complete copies of such maps and records to the Qep8"111eat ef P11hlie Werke CITY. Section 220, Title 12 , Chapter 4, Section 4 • STANDARD ADOPTED, Paragraph B , Englewood Municipal Code 1985, is hereby amended as follows : 113 • . ' ) I • 0 J ( • • • -------------------------.·----------------------~-----,. -· • ... • - B. Specific Modifications to Adopted Code. The following modifications are he reby made in the provisions of the Electronic Industries Association Engineering Department, 2001 Pennsylvania Avenue, N.W., Washington, D.C . 20006, herein above adopted. 1. An encased metallic tracer shall be required with the underground warning tape and shall be mandatory in all instances. 2 . a. A distance of ten feet of horizontal separation between a fiber optic line a.nd a water, sewer, stormwater or gas line shall be required. Horizontal separations of less than ten feet must be approved in writing by the Difoee'8r sf~ CITY . b . Where fiber optic cables are placed closer than ten horizontal fe e t fr om a water, sewer. or stormwater main , the fiber optic cable s hall be subse n ·ie nt to the water, sewer, or stormwater main. c. Should the City find it necessary to excavate to repair, r e place , maintain , remove , or extend any of its facilities . and the fiber optic cable h as be e n placed, with the Difoeetsr 's CIT'CS approval, h orizontally within ten feet of said facility and is in the way of s aid rep air s, replace ments , maintenance . removal or extension, the City s hall n otify the fiber optic cable owners that the ir fiber optic line mus t be moved or remove d . Notification s hall be pursuant to that prescribed in C.R .S . 9-1.5-101 et s eq. Should the owne r of the fiber optic cable , after notification, fail to move or remove the cable, the City shall move or remove the cable and bill the owner for this exp e n se but shall not accept liability for this action. Sectjon 221. Title 12, Chapter 5 , Section 1 · RULES AND REG ULATIONS : AMENDMENTS, Englewood Municipal Code 1985. is hereby amended a s follow s : Rules and regulations of the Storm Water Ente!'J)ri se Fund may be altered , amende d or added to from time to time by approva l of the City Council. Such rules and r egulation s, together with all amendments , shall be available for inspection at the office of the ~ De13ert111e1tt e1tll. the sffiee sf the City Clerk at all reas onable hours . Sectjon 222. Title 12 , Chapter 5 , Section 2 · STORM WATER UTILITY, Englewood Municipal Code 1985, is h e r eby amended as follows : A. B. There is hereby created a Storm Water Utility within the Utilities E>e13ert111e1tl CITY, under the control of the City Manager, empowered to impleme nt the provisions of this Chapter. The D~ree'8r e{ Utilities, 11ell.er the City Manager, shall be responsible for the management of the Storm Water Utility. The 9ifoee'8r ef Utilities CITY MANAGER OR DESIGNEE may prescribe forms and rules and regulations in conformity with this Chapter or for the ascertainment, computation and collection of the fees and charges imposed in this Chapter and any future resolutions of the-City Council and for the proper administration and enforcement. The ~CITY MANAGER may delegate the administration of this Chapter or any part thereof, subject to the limitations of the Charter and Code to duly qualified deputies and agents ekhe 114 ) I • 0 - • • • ,,-. • • - Qireet,er. The~ CITY MANAGER OR DESIGNEE shall be empowered to make determinations as to proper resolution of disputes arising from this Chapter s ubject to appeal to the Water and Sewer Board. Section 223. Title 12 , Chapter 5, Section 3 · WATER AND SEWER BOARD , Englewood Munici pal Code 1985, is hereby amended as follow s : A . The Water and Sewer Board shall assist in administering this Chapter. B . The Water and Sewer Board shall review all rules, policies, regulation s , fees a n d charges proposed by the E>treeter eflJtilities CITY MANAGER OR DESIG:\'EE a nd forward such recommendations to the City Council for approval by ordina n ce . Section 224. Title 12 , Chapter 5, Sectio n 5 -BILLING AND PAYME NT OF FEES. Englewood Municipal Code 1985, is he reby amended as follows: A . B . C. D. The st.arm water fees shall be bille d and collected with the quarterly wate r and sewer bill for those lots or parcels of land utilizing city utilities a nd billed and collected separately as storm water utility fees for those lots or parcels of land not utilizing other City utilities. The fees charged in each billing period are e ffe ctive upon mailing the bill or noti ce to the last known address of the utility user s hown on the r ec ords of the~ Utilities E>epMtmeet CITY. All charges for the u se of the storm water utility presc ribed by this Chapter a r e du w1thtn thirty (30) days after the date of the bill and a re paya ble at the effiee..ef Hie E>treiMr ef Finaneial Ser,·iees . CITY . Whe n payme nt for City utility services is received ey tile City , the City's ~ effieer s hall apply said payme nt to s atisfy all s torm water enterprise fund charges first, the n sanitary sewer fund charges shall be satisfied next, and. lastly , water fund charges shall be satisfied , in that order. Section 225. Title 12 , Chapter 5, Section 7 · ADMINISTRATIVE REVIEW AND APPEALS , Englewood Municipal Code 1985, is hereby amended a s follows: Any owner who disputes the amount of the charges made pursuant to this C hapter. or wh o dis putes any other determination made by or on behalf of the City purs uant t.o tlus Ch a pter may petition the E>treeter sf Utilities CITY for a hearing on a revision or modification of s uch charge or determination no later than thirty (3 0) d ays after h avmg been billed for s uch charge or after having been notified of such determina tion . The E>ireeter ef Utt:Hliies CITY MANAGER may conduct such a h earing himself, or at hi s so le discretion, may designate an officer or employee of the City a s a hearing officer w ith a uthority t.o hold such hearings. Should the hearing officer find in favor of the ~ C ITY , the owner may make further appeals to the Water and Sewer Board and the n t.o the District Court. 115 • --------- I • 0 C • • .. .. .,,-. • • -' Section 226. Title 15, Chapter 1, Section 2; DEFINITIONS, Engle wood Municipal Code 1985, is hereby amended as follows: 15-1-2 : DEFINITIONS: For the purpose of the application of the provisions ofthis Title , the followmg definitions s hall apply and all other definitions s tay the same: MOTOR HOME OR MOTOR COACH : TR.J\.IbEK COACH er MOTOK HOME: ANY WHEELED VEHI C LE WHICH IS A SI NGLE . SELF-CONTAINED U NIT, WITH MOTIVE POWER, WHICH IS DESIG NE D AND GENERALLY AJ1l0 COMMONLY USED FOR OC CUPA NCY BY PERSO NS FOR RE S IDE NTLtj, P URPOSES, l:'\' EITHER TEMPORARY OR PERMANE NT LO CATIO NS , A ND WHI CH MAY O CCAS IONALLY BE DRIVEN OVER TH E P UBLI C HIGHWAYS AS A MOTOR VEHI CLE . Ally·. h ee lee ·,ehi el e ,.., hieh ia e aiRgl e , s elf eeRteiRee 1tnit, mith lll eti. e 11 s e r , whieh is eeeigRe8 &R8 geR erelly &R8 eelftlfteJHy 1tae9 fer eee1t11e11 e) ey 11 er s eR s fe r res i9eetiel !11tpt1e s es , ill e ither t e m11er~ er 11ePH1&Reftt leeetie Re, eee mhieh Ill&) eeeesisR&ll) e e ePi .·ell e er the 111telie highn &) s e s e lft B"8r e htel e. Section 227. Title 15, Chapter 7, Section 3 · PLACEMENT AND RD!O\"AL O F TRA H . Paragraph F , Englewood Municipal Code 1985, is amende d as foll ows · F . No p e rson s hall engage in the business of rem oving or h a ulrng tra h m the City without first obtaining a license therefor. A ye arly nontra n s fe r a bl e !J ce n se s h all be issue d by the E>iree'8r sf Fifteeeiel Sepe. iees CITY upon annual p ay me nt of fiv e dollars ($5.00) per vehicle . Section 228. Title 16 , Chapter l , Section 9 · AME NDMENTS TO OFFI C IAL MAP TO BE DOC UMENTED, Englewood Municipal Code 198 5 , is a me nd ed as fo llows: All amendments to the Official Zoning Map shall be lis t ed in the orde r adopte d in a separate register maintained in, and kept current by, the PleRniRg E>e11ert1Reet CITY; AND IN ADDITION, SUCH AMENDMENTS SHALL BE SHOW N ON THE Maps in the Council Chambers. ft,119 PlettttiRg E>e11ertmeRt . Section 229. Title 16, Chapter 2, Section l · ENFORCEMENT, Englewood Municipal Code 1985, is hereby amended as follows : A l!:aiereiag Ofiieial. The pre lisieas efthie OrMB&Bee shall ee a9ministere9 &B8 eRferee9 hy the E>ireeter sf Ce11111111Bi" E>e ele11meat ef the Ci" sf Eagle Be8 er B) 11ersens 9eeipeteli II) the 9ireeter CIT¥ HA~l.~,Ql!:R OR 9ESIQ ~ll!;E ef the City sf Engle .. ee9 er 116 • 0 I • 0 • • • ~ .,-. • ... • -' "l!y pePeeas tleei19ak!ii h) tee 9iPeeleP. iening Knferee111eat pereeBBel "'ill haoe aH legal pe'91. @Pe eeeeaaai, t;e eaferee ,hie Ord · nee . B A . Stop Orders. Whenever the use of property or the construction of any building or structure is contrary to the provisions of this Ordinance, the 9iPeet.er ef Ge11111111Biiy 9e. elep111ea1 er a pe,eea slll, a111herieeii hy the 9itreet.er CITY MANAGER OR HIS DESIGNEE may order the use of the property or the construction to be stopped by serving notice in writing on any pers on, firm or corporation engaged in using said property or in doing or causing such work to be done , or by posting such notice in a conspicuous place on s aid property when no such person, firm or corporation can be served in the afores aid manner. No oversight or dereliction or error on the part of the 9ireeler er aa, emple, ee ef the 9epBl'i111eal ef Ge11111111Bily Qeoelepmeet GIT¥, er 81!1 the part ef ae, ether effieial e, e11111Is,ee ehl!e Gity efKegle .. eetl CITY MANAGER OR HIS DESIGNEE s hall legalize, authorize , or excuse the violation of any of the provisions of this Ordinance. Section 230. Title 16, Chapter 2 , Section 8 · JURISDICTIO N OF THE BOARD , Subsection A. Englewood Municipal Code 1985, is hereby amended a s foll ow s : A. Appeals . In addition to s uch other jurisdiction as authorize d b y law , the Board shall have the jurisdiction and power: I. To hear and decide appeals from and to review any order, require me nt. decis io n or determination by the Chief Building Official or any employee of the 9epBl'i111eet ef Ge111111ely Qeoelep111eet CITY in the enforcement of this QpiiieBftee TITLE , and to hear and decide all matters referred to it, or upon which it is required to pass under this Q,tliea11ee TITLE or any ame ndme nt hereto. Appeals to the Board may be made by any person aggrieved by the interpretation or decis ion in the interpretation ofthis Q,tliftaeee TITLE . 2 . To reverse or affirm , wholly or partly , or to modify any order, requireme nt. decision or determination of any employee of the Qepart111eet ef Ge11111111ei" 9e elep111eet CITY and to make such order, requirement, decision or determination as in its opinion ought to be made and, to that end, s hall have all the powers of the enforcing agent. 3. Public notice of time and place and purpose of s uch hearing shall be given by one publication in the official newspaper of the City at least ten (10) days before s uch he aring . Sectjon 231. Title 16 , Chapter 2 , Section 9 · PROCEDURE, Subsection C , Engle wood Municipal Code 1985, is hereby amended as follow s : C. Board Shall Keep Minutes. The Board shall keep minutes of its proceedings , showing the vote of each member upon each question, or if absent or failing to vote , indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be filed in the office of the Qepllftllle&t ef Ge111mlllli" 9e, elep111ee1 CITY CLERK and shall be a public record. 117 • I • 0 ( • • .. • - Section 232. Title 16, Chapter 3, Section 2-PRE-APPLICATION REVIEW, Englewood Municipal Code 1985, is hereby amended as follows : A. B. Prior to filing an application to rezone any parcel of land , the applicant shall participate in a pre-application review with the 9ep&AmeBt ef Ce111111ltftity 9e, elep111e11t CITY . No application for rezoning shall be accepted until after the pre-application review is completed and written notification of the Qep&A111e&t 'e CITY'S conclusions is received by the applicant. In addition to a pre-application review with the 9ep&PtmeBt ef Ce1111111,1Bi~ 9e ela11111e11t CITY. the 9iPeetar ef P1,1l,lie Werke CITY MANAGER OR DESIGNEE may review the rezoning application to determine ifpuhlic improvements may be necessitated as a result of the zoning or rezoning. The 9iPeeter ef P1,1l,lie merks CITY may require public improvements after making a determination of need based on the consideration of the following items : l . The extent of existing and contemplated development of the property to be rezoned. 2 . The need to insure the health, safety and welfare of the public will be maintained . 3 . Whether the zoning or rezoning may ultimately create a n eed for public improvements to serve the area . If public improvements are necessary, standards, criteria, timing and extent of public improvements as specified by the 9e1111.rt111eBt ef P1,1l,lie Werke CITY shall apply, except that all rights of way , easements, and access rights shall be required at the time of zoning or rezoning and other public improvements shall be constructed at a time designated by the QiPeeter ef P1,1l,lie Werke CITY. C. When an application is submitted by the Planning Commission. a majority of the members of the Planning Commission s hall serve as the applicant. D . At the time of the pre-application review , the applicant shall submit the following : A plan of the general layout of the parcel. Plans submitted may be sketched on sheets eight and one-half inches by eleven inches (8 _ .. x 11 ") in si ze , or, at the option of the applicant, may be in final form . A letter stating why the rezoning is necessary. E . Within seven (7) days after the date of the pre-application review , the 9epertmeBt ef Ce111111ltftity 9e •elep111ent CITY shall notify the applicant in writing of its recommendation regarding the desired change with re s pect to the following items: 1. Appropriateness of the change with respect to the policies set forth in the Comprehensive Plan. 2 . Need, if any, to plat pursuant to the Subdivision Regulations . 3. Any required site plan considerations. 118 • • • J ) I • 0 • • -• ,. -· • I •, • -... 4. General concern related to the anticipated impact upon public rights-of-way and public improvements and appropriate requirements . F . The recommendations of the Qepfflmeat efCe11111111Ri~ Qe elepmeat CITY are not binding upon the applicant or the City , but are intended to serve as a guide to the applicant in making the application for rezoning and advising the applicant in advance of the application of any issues which will or should subsequently be presented to the Planning Commission and City Council . Section 233. Title 16, Chapter 3 , Section 3 · APPLICATION PROCEDURE , Englewood Municipal Code 1985, is hereby amended as follows : A . An application for a rezoning shall be submitted on forms provided by the QepaAmeat CITY . A rezoning application shall expire one year after s ubmittal ; provided, however, that the~ CITY may extend the application for six (6) months for just cause . B. A site plan is required to be fil ed along with the application for rezoning. C. The application shall be signed by the property owner(s) and shall be a cc omp a ni ed by the necessary fe e as shown within the applicable fe e schedule . No fe e shall be charged for a City-initiated rezoning. Section 234, Title 16 , Chapter 3, Section 4, • FACT-FINDING HEARING , Subse ction B, Englewood Municipal Code 1985, is hereby amended as follows: B. During the fact-finding hearing, the Planning Commission shall hear any releva nt evidence or statement provided by the applicant or his representative, by the DiPeelet= CITY MANAGER or any DESIGNATED member of the staff, and by a ny person in attendance at the hearing. The Planning Commission may , in its so le discretion, hear and consider any other relevant statement or evidence, written or oral . Section 235, Title 16, Chapter 4, Section 3 · R-1-B SINGLE-FAMILY RESIDENCE DISTRICT, Paragraph M, Subsection 5, Subparagraph 1, Englewood Municipal Code 1985 , is hereby amended as follows : M.5.1. All home occupations shall be registered with the Qepe.t,meet sf Ce11111111&ity Qe, elepmeet CITY upon completion of an inspection of the premises by the QepBRmeat eed the Fi:re Qi•Jisiee . CITY . Section 236 . Title 16, Chapter 4, Section 4 · R-1-C, SINGLE-FAMILY RESIDENCE DISTRICT, Paragraph M, Subsection 5, Subparagraph 1, Englewood Municipal Code 1985 , is hereby amended as follows : M.5.1. All home occupations shall be registered with the Qep&Ptmeet sf Ce11111111Rity Qe elspmeet CITY upon completion of an inspection of the premises by the Qeplll'imeet eed th.e Fi:re Qi, ieiea . CITY . 119 • ., ) I • 0 - ( • • • ----. • I .... , • - Section 237. Title 16 , Chapter 4, Section 5 · R-2 MEDIUM-DENSITY RESIDENCE DISTRICT, Paragraph N, Subsection 5, Subparagraph 1, Englewood Municipal Code 1985, is hereby amended as follows: N .5.1. All home occupations shall be registered with the QepartmeBt ef Cemmllfti'Y E)e, elepmeBt CITY upon completion of an inspection of the premises by the QepMmeBt &Ba the FiPe Qilieie&. CITY. Section 238. Title 16 , Chapter 4, Section 5 · R-2 !VIEDIUM-DENSITY RESIDENCE DISTRICT, Paragraph N , Subsection 6, Subparagraph i, Englewood Municipal Code 1985 , is hereby amended as follows: N.5.i. The QiPeeter ef Cemm~mv; Qe elepment CITY may deny the u se of a ny lot as a parking area if the above provision s are not met or if conditions a r e unsafe . The QiPeeter'e CITY'S ruling may be appealed to the Board of Adjustment and Appeals. Section 239 . Title 16 . Chapter 4, Section 6 -R-2-C MEDI CM-DENSITY RESIDE NCE DISTRICT, Paragraph '.\1 , Subse ction 5, Subparagraph 1, Englewood Municip a l Code 1985 , is he reby ami,nded as follows : M.5.1. All home occupations shall be registered with the QepartmeBt ef Cemm11cnir., Qe elepmel'lt CITY upon co mpletion of an inspection of the premises by the Qepartmeat &1'18 Fire Qi.,-i eie a CITY. Section 240. Title 16 , Chapter 4, Section 6 · R-2-C MEDIUM-DENSITY RESIDENCE DISTRICT, Paragraph M, Subsecticn 6 , Subparagraph e , Englewood Municipal Code 19 85 . is hereby amended as follows : M.6 .e. The final design of the parking area must be approved by the QiPeeMP ef Cem11111cni~ E)e, elepme&t er the apprepriate ae ei ~ee . CITY . Section 241. Title 16 , Chapter 4, Section 6 -R-2-C MEDIUM-DENSITY RESIDENCE DISTRICT, Paragraph M, Subsection 6 , Subparagraph i, Englewood Municipal Code 19 85 , is hereby amended as follows : M.6 .i. The QiPeeter ef Cemm11cai~ E)euelepmeat CITY may deny the u se of any lot as a parking area if the above provisions are not met or if conditions are unsafe . The QiPeeter'e CITY'S ruling may be appealed to the Board of Adjustment and Appeals . Section 242. Title 16, Chapter 4, Section 7 · R-2-C/S.P .S. MEDIUM DE SITY/SPEClAL PERMIT SYSTEM RESIDENCE DISTRICT, Paragraph B, Englewood Municipal Code 1985, ie hereby amended as follows : 8 . Special Permit System. When a building permit application is filed with the De,...,._ea, e{Cemm11cftity Qe• elepmel'lt CITY , the development shall be evaluated under the special permit system procedure. The special permit system 120 • I • 0 • • -• • • -... requirements and design criteria are designed to reflect the values of the specific neighborhood . · Subsection C contains absolute requirements representing the minimum standards of performance for any new development or remodeling. Each project is also evaluated for conformance with the design criteria in subsection D, which are relative policies, not absolute requirements. Each project will receive a performance score for each statement addressed in the permit application. If the project complies with the absolute requirements and is evaluated at zero or receives a positive score for the design criteria, a building permit may be issued . If it is evaluated and receives a negative score , the project shall be reviewed by the applicant and the planning staff to determine the changes which should be made on the building design in order to receive a positive score . Section 243, Title 16 , Chapter 4, Section 7 · R-2-C/S.P .S . MEDIUM DENSITY/SPECIAL PERMIT SYSTEM RESIDENCE DISTRICT, Paragraph C, Subsection 9 , Subparagraph d. Englewood Municipal Code 1985, is hereby amended as follow s: C.9 .d . Comer lots Subject to site plan review and approval by the Elefl&ffmeel ef Cemm111tt~ Eleoelepmeflt CITY Section 244, Title 16 , Chapter 4, Section 7 -R-2-C /S .P.S . MEDI UM DENSITY/SPECIAL PERMIT SYSTEM RESIDENCE DISTRICT, Paragraph C. Subsection 11, Subparagraph a . Englewood Municipal Code 1985 , is hereby amended as follows: C.11.a. All residential uses ....... 2 spaces per dwelling If the property has frontage on a local street, alternative plans for off-street parking with.in the front yard setback and adjacent to the public right of way will be permitted subject to appro,•al of the Eleflet'llBeflt ef Cemm1ntt$y Elevelepme11t HII the City 'Pratfie li.fl~eer CITY , construction and maintenance of which shall be at the expense of the property owner. Off-street parking spaces shall be of a hard s urface, either paved with asphalt, concrete or bnck pavers. Section 246, Title 16 , Chapter 4, Section 7 -R-2-C/S.P .S . MEDIUM DENSITY/SPECIAL PERMIT SYSTEM RESIDENCE DISTRICT , Paragraph C, Subsection 13 , Subparagraph e , Sub-subsection (12) C.13 .e .(12) All home occupations shall be registered with the Elef1erime11t ef Cemmllltity Elevelepme11t CITY upon completion of an inspection of the premises by the Cede Eniereemeflt Eli li8iee eed the F:ire Eli 'ieiee. AUTHORIZED CITY REPRESENTATIVES. Section 246, Title 16 , Chapter 4, Section 7 · R-2-C/S .P .S . MEDIUM DENSITY SPECIAL PERMIT SYSTEM RESIDENCE DISTRICT, Paragraph C, Subsection 16 , Subparagraph a , Sub-subsection (7), Englewood Municipal Code 1985 , is hereby amended as follows : 121 ' ) I • 0 - ( • • • C.16.a.(7) .--. • • -' Registration. A family-care unit shall be subject to yearly registration which is to be filed with the Qepll:Ament ef Cemmwni~ Qe, elepment. CITY . Section 247, Title 16, Chapter 4, Section 7 · R-2-C/S.P.S . MEDIUM DENSITY SPECIAL PERMIT SYSTEM RESIDENCE DISTRICT, Paragraph E , Englewood Municipal Code 1985, is hereby amended as follows: E . Procedure for Evaluating Building Permit Applications. 1. The property owner shall make application wtlh the lhal&lng Qi R.eien by filling out a permit form provided by the City. 2. The permit application shall include a written statement with two (2) sets of plans which indicate how each design criterion is to be incorporated into the proposed development. 3. Upon receipt of the application , the Planfling Qi >isien CITY shall review the development plans for compliance with the absolute section of the R-2-C /S.P .S . 4. If the plans comply with the absolute section, the Pl8Bniflg Qi'risien CITY shall review the written statements and development plans for compliance with the eleven (11 ) design criterion statements. 5. Each design criterion statement will be graded by the Planfling CITY staff by their giving a point value. See the score sheet for the point value range . 6. Each score for the eleven (11) statements will be added to obtain a point total. 7. If the score is a positive point value or zero , and all other sections of the Zon e District regulations are in compliance. the Plan11t11g Qi,.ieiee CITY shall approve the building permit application , as it applies to the zoning criteria , by signing the permit application and drawing the building footprint on the Land Use Map. 8 . If the score is a negative point value, the building permit application , as it relates to the zoning requirement, shall not be approved by the Pl&ftfli.ttg 9i¥ieieft CITY; however, the staff shall discuss with the a pplicant changes which could be made in order to receive a passing score. The applicant may make the necessary corrections and resubmit the corrected plans for review . 9 . When the plans have been approved by the PlaeniBg Qi,.ieiee CITY , the plans shall be retwrnea te the 811ilait1g Qi >isien fer.review ED 11, ether City~ a11a aep11:Ame11Y for compliance with other applicable City Codes. Section 248. Title 16, Chapter 4, Section 8 -R-3 , HIGH-DENSITY RESIDENCE DISTRICT, Paragraph 0 , Subsection 7, Subparagraph 1, Englewood Municipal Code 1985, ia hereby amended as follows : 122 I • 0 • • • .. -·· • • -.. 0 .7.1. All home occupations shall be registered with the E>e!lltfl!Be&t ef Ce1B1B11at~ E>e·,ele111BeRt CITY upon completion of an inspection of the premises by the Celie ERfereemeRt E>i >ieieR 11t11i the Fire E>i¥ieieR CITY. Section 249. Title 16, Chapter 4, Section 9 -R-4 RESIDENTL;\L/PROFESSIONAL DISTRICT, Paragraph M, Subsection 5, Subparagraph 1, Englewood Municipal Code 1985 , is hereby amended as follows : M.5.1. All home occupations shall be registered with the E>e11artmeRt ef CeB1B1111Ht¥ E>eoeie11meat CITY upon completion of an inspection of the premises by the Celie ERfereemeRt E>i 11eie11 1t111i Mte-FiPe, CITY . Section 250. Title 16, Chapter 4, Section 10 -B-1 BUSINESS DISTRICT, Paragraph G, Subsection 4, Subparagraph c, Englewood Municipal Code 1985, is hereby amended as follows: G.4 .c. If the developer submits a marketing or parking study prepared by a qualified professional using reasonable professional standards. and it is approved by the CemB111Ri" E>evele11me11t E>iPeeteP &Rli the City TP&ffie ~ AUTHORIZED CITY REPRESENTATIVES, the parking standards in Chapter 16-5 of this Title , General Regulations, may be waived . If the developer does not submit a marketing or parking study to the City , the parking requirements in the General Regulations shall be applied. Section 251, Title 16 , Chapter 4, Section 11 -DESIGN GUIDELINES FOR THE REHABILITATION OF EXISTING BUILDINGS IN THE SOUTH BROADWAY INCENTIVE AREA , Paragraph B, Englewood Municipal Code 1985, is hereby amended a s follows : B. Administration. The review of the plans shall be the responsibility of the BiPeeter efCe111.111.111H5' E>e,ele11meRt er a lieeilfllee AUTHORIZED CITY REPRESENTATIVE for conformance with these regulations. No building permit shall be issued for the reconstruction of the exterior of any building unless the improvement conforms with these guidelines. Sectjon 252. Title 16 , Chapter 4, Section 13 -1-1 LIGHT INDUSTRIAL DISTRICT , Paragraph 0 , Subsection 28 , Englewood Municipal Code 1985 , is hereby amended to read as follows : 0 .28 . Refuse disposal. The storage, collection and disposal ofrefuse in the mobile home park shall be so managed as not to create health hazards, rodent harborage, insect-breeding areas, accident hazards , or air pollution . All refuse shall be stored in fly-tight , water-tight, rodent-proof containers, which shall be provided in sufficient number and capacity to accommodate all refuse from the park. Satisfactory container racks or holders shall be provided at permanent locations , convenient to the mobile home spaces , in areas appropriately screened from view , and shall comply with all health 123 • ") 0 I • 0 • • -• • ~ .,-. • I• • -.. regulations. Methods of storage, collection and disposal are subject to approval of the ~leigheePheeEl SePYteee Qivi,eie11 CITY . Section 253. Title 16, Chapter 4, Section 13 · 1-1 LIGHT INDUSTRIAL DISTRICT, Paragraph 0 , Subsection 31, Englewood Municipal Code 1985, is hereby amended as follows : 0 .31. Parking of mobile homes . a . No mobile home shall be parked or permitted to stand upon any public street, highway, road, alley or other such right-of-way for more than twenty-four (24) hours unless a special permit is obtained from the Qe111H't111.e11t ef Safe~ Sepo11eee ef the City . b . No mobile home shall be maintained upon any private or public property in the City when the same is used for living purposes unless the property is registered as a mobile home park . No mobile home shall be stored within any required front , side or rear yard a s specified by the Comprehensive Zoning Ordinance. c. Where an existing individual mobile home is parked on a private lot and occupied as a dwelling on the effective date of this Section. it shall be registered with the J>leigheerheeEl Sepo,ieee QiReiee CITY within ninety (90) days after the effective date of this Chapter. Section 254. Title 16 , Chapter 4, Section 13 · 1-1 LIGHT INDUSTRIAL DISTRICT, Paragraph 0 , Subsection 34, Englewood Municipal Code 1985, is hereby amended as follows : 0 .34 . Existing parks: certificate of occupancy . a . b. C. Within thirty (30) days after the effective date of this Ordinance or within thirty (30) days after annexation to the City of Englewood subsequent t o the effective date of this Ordinance, the owner or operator of each existing mobile home park shall be mailed forms on which to apply to the Qi >teien sf '81tHElt11g ena Safety CITY for a certificate of occupancy. Application shall be , in writing , and shall contain such information as the division may require to determine wherein the park does not conform to all requirements of this Ordinance . The Qi Fieiee ef B llilaieg ena Safety CITY shall issue a certificate of occupancy to the owner or operator of legally existing parks. The certificate shall list the requirements of this Ordinance with which the park does not conform . Nonconformance with health and safety requirements of this Ordinance shall be listed separately from nonconformance with other requirements. It shall be unlawful to permit any person to occupy any mobile home in any mobile home park within the corporate limits of the City of Englewood until all facilities therefor have been inspected and approved 124 • ' .. ) I • 0 • • • I• •,, ,,-. • • - by the E>iY!eien ef 81lilltillg and S11fe1y CITY and a permit to occupy the unit has been issued . Section 255. Title 16 , Chapter 4, Section 13 · 1-1 LIGHT INDUSTRL<\L DISTRICT, Paragraph 0 , Subsection 37, Englewood Municipal Code 1985 , is hereby amended a s follows: 0.37. Annual inspections required . a . The )>leighherhaeli Sero<ieee E>ilieien CITY'S AUTHORIZED REPRESENTATIVE is hereby authorized and directed to inspect each mobil e home park located within the City of Englewood annually in order to determine the degree of co mpli a nce or nonc ompliance with the terms of this Section and to enforce compliance with the prov1s1ons of this Section . The inspector s ha ll ha ve the power to enter at a r easonable time , upon reasonable notice , any private or public property for the purpose of inspecting and investigating co ndition s related to the enforcement of thi s Section or any regulation whi ch may be promulgated hereunder . The ins pector shall make s uch addition a l ins pec t io ns as may be necessary to a ss ure compliance with this Section . b . It s hall be unlawful for any person to refuse the ins pector a ccess to a mo bil e home park for the purposes of ins pection . Section 256. Title 16 , Chapter 4, Section 14 · 1-2 GE r-.'ERAL IND USTRL<\L DISTRI CT, Paragraph K. Subsection 3, Englewood Municipal Cod e 198 5, is here by amended a s follow s: K.3. Res trictions: No building or portion thereo f s hall qualify as a wa ll , scree n , o r fence under the provi s ion s of this Section . An e xceptio n to trus provi s ion s shall be made a s necessary at a n intersectio n or at an entrance t o an alley or driveway in order not to obstruct the view of a motorist ; this can be done by reducing the height of the fence or wall or the plantings for such distance and to such extent a s r equired by lhe Celie Enfareemenl E>i. ieien. CITY. Section 257. Title 16 , Chapter 4, Section 16 · FLOOD PLAI N DISTRICT, Paragraph B, Englewood Municipal Code 1985, is hereby amended a s follow s : B. Legislative Purpose and Intent. To promote the health, safety and welfare of the public ; to minimize flood losses in areas subject to flood hazards; and to promote wise use of the flood plain; trus zone district has been established to regulate the uses within a 100-year flood plain. The areas of s pecial flood hazard are identified by the Federal Emergency Management Agency on Flood Hazard Boundary Maps and Flood Insurance Rate Maps , wruch maps are on file in the Englewood City Hall, in the offices of the City Clerk, P11hlie Werke 1111tl Cem111111til~ E>e elepment. By adopting these regulations, the following purposes are intended : l. To reduce the hazard of floods to life and property through : 125 • • ) I • 0 - ( • • ... • -' a. Prohibiting certain uses which are dangerous to life or property in time of flood . b . Restricting use s which would be hazardous to the public health in time of flood . c. Restricting uses which are particularly susceptible to fl ood damage, so as to alleviate hardship and reduce demands for public expenditures for relief and protection . d. Requiring permitted flood plain uses , including public facilitie s which serve such uses, to be protected against floods by providing floodproofin g a nd general flood protection at the time of initial construction . Section 258. Title 16 , Chapter 4, Section 16 · FLOOD PLAIN DISTRI CT . Paragraph C, Subsection 3 , Englewood Municipal Code 1985, is hereby a me nded as foll ows : C. General Pro\'isions: 3. Flood Plain District Boundaries . The boundaries of the Flood Pl ain D1 stnct shall be identical to the areas of s pecial flood hazard identified by the Fed er al Emergency Management Agency in the Flood Ins urance Study dated Apnl Ii, 1989 and the accompanying Floo d Insuranc e Rate Map (FIRl\[) e nco mp as mg the City of Englewood , Co lorado. The boundaries of the West Harvard Gulch Flood Hazard Area s hall be as shown on Sheets 13 and 14 in a report entitled Flood Hazard Area Delineation Harvard Gulch West Harvard Gulch and Ory Gulch dated December , l9i9. prepared by Gingery Associates , Inc ., and appro\'ed by the Colorado Wate r Conservation Board on January 30, 1980. The areas of "fl oo d danger " as identified on Plate 4 in the Study entitled Storm Drainage Plan for the City of Englewood Colorado. dated January, 1971. prepared by Sellards and Gngg. Inc . The most recent Fl ood Insurance Study and accompanying FIRM pre pared by the Federal Emergency Management Agency , Sheets 13 and 1-1 of the fl9ill! Hazard Area Delineation Harvard Gulch West Harvard Gulch a nd Dry Gulch, December, 1979, Gingery Associates , Inc., and Plate 4 of the Storm Dramage Plan for the C1ty of Englewood Colorado, January, 1971 , Sellards a nd Grigg, Inc., are hereby declared to be a part of this Ordinance, and the official study and maps shall be on fil e in the offices of the City Clerk. , En~neering eePYiees &M Cemm'IHitty Ele. elepment, Engle .r, eeli City He.II , a 100 Setttl! Elati Street, Engle. eeli , Celeralie . Section 259. Title 16, Chapter 4, Section 16 · FLOOD PLAIN DISTRICT, Paragra ph G, Subsection 1, Englewood Municipal Code 1985, is hereby a mended a s follow s: G . Administration. 1. Flood Plain Administrator. The Elil'ee'9r ef Cemm1111t~ Ele elepment er lits 888icnee CITY MANAGER OR DESIGNEE shall be the Flood Plain Administrator and shall enforce the provisions of this Chapter. The Department of Engineering Services shall provide the Flood Plain 126 • ) I • 0 • • • --· • • - Administrator with a technical review of all applications to build within the Flood Plain or a Drainage Way prior to the issuance of a Flood Plain Permit. Section 260. Title 16 , Chapter 4, Section 19 -SIGN CODE , Subsection 2 -SCOPE AND APPLICATION OF THIS SECTION, Englewood Municipal Code 1985, is hereby amended as follows : These regulations shall govern and control the display, construction, erection , alteration . remodeling, enlarging, moving or maintenance of all signs permitted within all zone districts established by this Zoning Ordinance and any amendments thereto. This Sign Code shall be administered by the QiPeeter ef the Qep&Ptment ef Cemm11nt~ Qe~·elepment whe CITY WHICH shall have the powers and duties set forth and those necessarily implied to administer and enforce this Code ; the DiPeeleP CITY may iss ue appropriate procedures and forms . Upon application to and issuance by the Qepertment CITY of a permit therefor , a sign may be erected. altered and maintained only for a permitted use in the district in whi ch the signs are located; signs shall be located on the same lot as the permitted use unless otherwise provided ; however, no sign of any type shall be erected or maintained for or by a single-family, two-family or three-family residential use , except home occupation sign s a nd certain signs for which no perm.it is required. othing herein contained shall be deemed a waiver of the provisions of any other ordina nce or regulation applicable to signs. Signs located in areas governed by several ordinances and/or applicable regulations shall comply with all such ordinances and regulations . If there is a conflict between the regulations in this Section and any other ordinance or regulations, the more stringent regulations shall apply . Sectjog 261. Title 16 , Chapter 4, Section 19 -SIGN CODE , Subsection 3 -PERMITS , Englewood Municipal Code 1985, is hereby amended as follows : A. B. Permit Required. It shall be unlawful to display, erect, construct, relocate or alter (except for copy changes) any sign without first filing with the Qepertmeet CITY an application in writing, paying applicable fees , and obtaining a sign permit, except as provided in Section 16-4-19-5 and Section 16-4-19-i of th.ts Ordinance. If a sign has been displayed, erected , constructed, relocated or altered without such perm.it or not in accordance with the terms of such permit, the sign must be removed within five (5) calendar days of official notice . When a sign permit has been issued by the QepertmeRt CITY , it shall be unlawful to change. modify , alter or otherwise deviate from the terms or conditions of said permit without prior approval of the 9epftl'tment CITY . A written record of such approval shall be entered upon the original permit application and maintained in the files of the 9epftl'tmeet CITY . Application for Permit. Application for a sign permit shall be made by the owner or tenants of the property on which the sign is to be located, his authorized agent, or a sign contractor licensed by the City of Englewood. Such applications shall be made in writing on forms furnished by the Pla1111H119i,ieie11 CITY, and shall be signed by the applicant. The 9epartme11t CITY shall, within five (5) working days of the 127 • ) I • 0 - ( • • • - date of the application, either approve or deny the application or refer the application back to the applicant in any instance where insufficient information has been furnished . If the Elep&PtmeRi CITY finds that work under any permit issued is not in accordance with the information supplied in the permit applic ation and/or is in violation of this or any other pertinent ordinance; or should it be found that there has been any misrepresentation in connection with the application for the permit. (including a non-sufficient funds check); the sign owner or lessee or erector s hall be notified of such findings and that the violation must be corrected within five (5) working days of notice . If such correction is not made, the permit shall be revoked and written notice thereof shall be served upon the sign owner or erector. No person shall proceed with any part of such work after such notice is receive d . The owner or lessee of the sign or the owner of the property on which the sign is located shall have the right to appeal the decision of the Elepltr*meet CITY in the manner provided for in subsection 16-2-SA of this Ordinance . If actual work either on or off-s ite is not commenced under any sign permit iss ued within sixty (60) days from the date of such permit, the permit shall automaucally become null and void . Delays which are not a r esult of willful acts or neglect of th e contractor, owner or person obtaining the permit may be excused and the ~ CITY may grant an extension of time in which to start or resume ope ratio ns . All requests for extensions and approval thereof shall be in writing . When any permit has been revoked under the terms of this Section , permit fe es shall not be refunded. C. Plans, Specifications and Other Data Requested. The application for a sign permit issued by the 8ttildtRg asd Safe*' Eli'4eieR CITY shall be accompanied by the following plans and other information: The name, address and telephone number of the owner or persons entitled to possession of the sign and of the sign contractor or erector; the location by street address of the proposed sign structure ; complete information as required on application forms provided by the Elepartme11t CITY. including a site plan and elevation drawings of the proposed sign drawn to scale , caption of the proposed sign and such other data as is pertinent to the application ; plans indicating the scope and structural detail of the work to be done , including details of all connections, guy lines , supports and footing s , and materials to be used; application for an electrical permit for all electrical signs , and the required information for such application ; and a statement of value or cost of the sign. The above permit application and information will be referred to the 811ildi11g &nd Safer., Qi'4eiee CITY for approval where necessary . D. Permit Fees . A permit fee shall be paid to the City for each sign permit issued under this Section . The permit fee shall be in accordance with the fee sc hedule established ANNUALLY BY RESOLUTION OF 9¥ the City Council. E. Identification and Marking of Electrical Signs. Each electrical sign hereafter erected or remodeled shall bear thereon a clearly legible identification plate not exceeding fifteen (15) square inches in area, stating the name of the person, firm or corporation responsible for its construction and erection, with installation date and permit number, and shall be marked with input amperes at full load input. 128 • ) I • 0 • • • .. -----------------~~--------,. • • - F . Licensing and Insurance Requirements. An y person, firm , or corporation engaged in the business of installing, erecting, moving or maintaining signs in the City of Englewood shall be duly licensed by the City . A person who has applied for a sign permit and is not engaged in the sign erecting business may be allowed to install, erect, move, or maintain his own sign upon demonstration to the E>epertmeet CITY that he possesses sufficient knowledge and skill and is appropriately insured for public protection. Upon such demonstration, the E>iPeet.er er deeigeee CITY may issue a nonrenewable sign contractor's license . Such license will be valid only for the installation, erection or moving of signs as specified on the permit. Within a residential zone district, the homeowner may apply for a nonrenewable sign contractor's license for use on his own property . For such a license, the license fee will be waived . Before any permit is issued for a sign which may require any work over public property, the erector shall furnish to the City a certificate of insurance fr om a firm with corporate surety , and authorized to do business in the State of Colora do. fo r pub!Jc liability and property damage in amounts e s tablished by the De p&P*m ee t CITY of not less than the following and covering the liability of the s ign e r ect or with respect to all work performed by him or his agents or e mployees : For de ath or inj ury to a n y on e person ..... $100 ,000 .00 Total liability m any one accident . Property Damage . . . . . . $300 ,000.00 $ 50 ,000.00 Sectjon 262, Title 16, Chapter 4, Section 19 · SIGN CODE , Subsection 4 · PERMIT FOR GRO UP SIGNS, Englewood Municipal Code 1985, is hereby amende d a s foll ows : Pe r sons s ubmitting a plan for all signage which is designed a s an mtegra l part of a new or e xis t ing development occupying no le ss than twenty-four thousand (24 ,000) squa re feet of lot area, may be granted a twenty-five percent (25%) increase in number of signs or maximum square foot area s ubject to the approval of the E>iPee"9r ehl!e E>epe"111eet CITY. Sectjog 263. Title 16 , Chapter 4 , Section 19 · SIGN CODE . Subsection 6 . SI G NS SUBJECT TO TEMPORARY PERMIT. Paragraph B. Englewood Municipal Code 1985 . is he reby amended as follows : B. St reet Banners . Banners across public thoroughfares announcing eve n ts sponsore d by the City, Englewood School District, Arapahoe County , or ch aritable organizations may be authorized by temporary permit by the~ CITY . Such street banners s hall be installed, removed and maintained by the sponsor; and the sponsoring agency shall provide evidence of insurance in an amount sufficient to relieve the City and the owner of the utility poles to which the banners are attached from liability . Sectjog 264, Title 16, Chapter 4, Section 19 · SIGN CODE, Subsection i · SIGNS PROHIBITED IN ALL ZONE DISTRICTS, Englewood Municipal Code 1985, is hereby amended as follows : 129 • ., I • 0 • -• .. -· • • - The following signs are prohibited in all zone districts and are declared a nuisance by the 9e11aft1ae111 CITY : A. Any ground sign within a triangular area of thirty feet (30') along two (2) sides of an intersection of curbs of two (2) streets, a railroad right-of-way and a street, a dnveway and a street, or an alley and a street, which does not have a clear area of seven feet (7') between the grade level and the bottom of the sign unless approved by the City Traffic Engineer. B. Animated signs except barber poles . C. Banners, except as in subsections 16-4-19-GB and 16-4-19-lOEG , pennants. valances and wind signs . D. Billboards . E. Flashing or blinking lights or signs, except for scoreboards and time and temperature devices . F . Portable signs . G. Outdoor display of merchandise on public right-of-way. H . Roof signs . I. Search lights . J . Signs painted on fences. K. Third-party signs . L. Wheeled advertising devices , except for permanent signs on licensed vehicle s . Section 266. Title 16 , Chapter 4, Section 19 -SIGN CODE , Subsection 11 -SIGN AREA MEASUREMENT, Paragraph A, Sub-Subsection 3, Englewood Municipal Code 1985, is hereby amended as follows: A.3 . Signable Area . Signable wall area ,s a continuous portion of a building facade unbroken by doors or windows or major architectural features . It is calculated by selecting a continuous surface, then drawing an imaginary rectangle within specified height limitations and computing the square foo t area of this rectangle. Persons displaying signs attached to a building may determine the "signable area" to be used by choosing any such area on the building facade for the display of signs . If, because of the design of the building, a signable area cannot be identified, the 9e11aff111e11t CITY and the applicant will determine a suitable area for signage. Section 266. Title 16 , Chapter 4, Section 19 -SIGN CODE, Subsection 12 - MAINTENANCE, Englewood Municipal Code 1985, is hereby amended as follows : 130 • ' ) I • 0 ·]- • • .. ,. -• .•. • -' Every sign, including those specifically exempt from this Section in respect to permits and permit fees , shall be maintained in good condition at all times. All signs shall be kept neatly painted, including all metal parts and supports thereof that are not galvanized or of rust-resistant metals. The E>weeier er hie er her deei19ee , CITY shall HA VE inspectED and shall have the authority to order the painting, repair, alteration or removal of a sign which is not in conformance with this Ordinance by reason of safety, health , or public welfare, or by reason of inadequate maintenance, dilapidation or obsolescence . Section 267. Title 16, Chapter 4, Section 19 0-SIGN CODE , Subsection 13 · NONCONFORMING SIGNS, Englewood Municipal Code 1985 , is hereby amended a s follows : Any sign which was lawfully erected and maintaine d prior to the effective d a te of this Ordinance, but which does not conform to the limitations established by this Ordinance , except those signs prohibited, hazardous or abandoned, shall be n onconforming s igns and subject to the following conditions: A. B . Registration of Nonconforming Signs. All n on co nforming signs s hall be r e quire d to be registered with the 9epllftmeat CITY . If a valid pe rmit e xi s ts for the nonconforming s ign , the 9epartmeat CITY will complete the regis tratio n a nd notify the owner or le ssee of the s ign or the owner of the property on which the s ign is located requesting verification of the regis tration inform a tion . If n o va lid pe rmit exists for the nonconforming s ign or if ins ufficient informatio n is a vailabl e . the owner or le ssee of the s ign or the owner of the property on which the s ign is located will be notified and mus t register the nonconforming sign or provide the necessary informauon within thirty (30) calendar days of receipt of the notification . Termination of Nonconforming Signs. Any nonconforming sign s hall be brought into conformance or s hall terminate and cease to exist w1tlun ten (10) years from the date a permit was iss ued . If seven (7) years or more have pas s ed from the date a permit was issued to the effective date of the Code . then the sign must be brought into conformance or terminate and cease to exist within three (3) ye ars from the effective date of the Code . Any nonconforming sign without a valid permit mus t be brought into conformance or terminate and cease to exist within three (3) years from the effective date of the Code . In addition , a nonconforming sign must be brought into conformance or terminate and cease t-0 exist if any one of the following conditions occur: Whenever the sign is damaged more than fifty percent (50%) of its total replacement value, or destroyed from a ny cause whatsoever, or becomes obsole te or substandard under any applicable ordinance of the municipality, to the e xtent that the sign becomes a hazard or a danger. Whenever the ownership of the property changes on which the nonconforming s ign is located. Whenever there is a change in the lessee, ownership of the business or u se to which the sign pertains. Whenever there is a request made for a permit to change the sign. 131 • ' ., • I • 0 ( • • • .. ,. _,-. • • - Whenever there is a request for a permit to make improvements to the facade of the building on which the nonconforming sign is located . C . Nonconforming Signs in Newly Annexed Areas. Any owner or operator of a nonconforming sign in a newly annexed area shall terminate such nonconforming sign in accordance with the requirements of this Section. with the effective date of the annexation ordinance being the start of the time limitation. D. Appeals. The owner or lessee of a sign, or the owner of the property on which a si gn is located, who has been notified by the E>e)l&ffmeni CITY that s uch s ign is nonconforming, may appeal that decision to the~ CITY i\IANAGER or designee, within twenty (20 ) days of the receipt of such notice. The appeal s hall contam the appellant's name and address, the decision bemg appealed. and a brief explanation of why the appellant s hould not be required to co mply with the document appealed. The~ CITY 11ANAGER or des1gn ee may meet informally with the appellant to exchange necessary informatio n and s hall issu e a decision in writing to the appellant at his a ddress s tated in the appeal. If the decision of the ~ c1n· MA.c'-AGER or d es1gnee is not satis factory to said owner or le ssee; within thiny (30) days of the E>u•eeier 's C ITY ~fA:,,JAGER 'S OR DESIGNEE'S decision , he may a pply for a variance from the Board of Adjustment and Appeals as provid e d form Section 16 ·2· of the Co m p re h e n sive Zoning Ordinance. Section 268. Title 16 , Chapter 4, Section 19 · SIGN CODE, Subsection 1-1 . PROHIBITED, HAZARDOUS Ar-"D ABA .. \IDONED SIGNS ; ENFORCE'.\1ENT PROCEDURES, Englewood Municipal Code 1985, is hereby amende d as follows : It shall be unlawful to display , cons truct, erect, alter, remodel. e nl arge. move or m a intam a prohibited sign witlun the City . It shall furtherm or e be unlawful to dis play, con struct, erect, e nlarge, move or maintain a hazardous or a bandoned sign withm the City. A . Notification of Unlawful Signs . Notice s hall be given by certified mail or perso n a l service to the owner or lessee of s uch unlawful s igns and to the owner of t h e property on which such unlawful signs are located . Prohibited s igns in existence before the effective date of this Ordinance , a s described in Section 16-4-19-7, s hall be declared a nuisance by the E>e11....tmeet CITY. The notice shall require that prohibited signs s hall be brought into conformance with this Ordinance or be removed within one hundred eighty (180) days after the notice has been received. Signs existing before the effective date of this Ordinance which are prohibited in subsections 16-4-19-7D, J , and L, shall be removed within three (3) years from the date the notice is received. Prohibited signs erected after the effective date of this Ordinance shall be removed within five (5) calendar days of receipt of official notification from the E>e11e.rtmeei CITY . This Section shall not be applied to require the removal of any s ign for which it is unlawfully required, by Federal or State Constitution or s tatute . that compensation be paid by the City for sign removal, unless the City elects to pay any compensation lawfully required. Hazardous signs are those which, by reason of inadequate maintenance, dilapidation or obsolescence, create an imminent hazard to public health , safety or 132 • ) I • 0 • j • ~ ,,-. • .. • - welfare, as declared by the Elepaftment CITY; those signs are further declared a nuisance and shall not be displayed or erected within the City . The notice shall require hazardous sign removal within five (5) calendar days. Signs abandoned for a period of thirty (30) days shall be declared abandoned signs and a nuisance by the ElepBAllleat CITY; abandoned signs shall not be displayed or maintained within the City. The notice shall require abandoned sign removal within thirty (30) days. B . Appeals. The owner or Jessee of a sign or the owner of the property on which a sign is located who has been notified by the Elepftftmeat CITY that such sign is prohibited, abandoned or hazardous may appeal that decision to the~ CITY MANAGER or designee within twenty (20) days of the receipt of such notice, except for hazardous sign appeal which must be within five (5) days . The appeal s hall contain the appellant's name and address, the decision being appealed, and a brie f explanation why the appellant should not be required to comply with the doc ument appealed. The DiPeeter CITY MANAGER or designee may meet informally with the appellant to exchange necessary information and shall issue a decision in writing to the appellant at his address stated in the appeal. If the decision of the~ CITY :MANAGER or designee is not satisfactory to said owner or Jessee , within fifteen (15) days , he/s he may apply for a variance from the Board of Adjustment and Appeals as provided m Section 16-2-8 of the Comprehensive Zoning Ordinance, except for hazardous signs in which case the E>if'eet.er'e CITY MANAGER'S decision is final. C . Failure to Comply with Notice. If the owner or Jessee of a prohibited , abandoned or hazardous sign or the owner of the property on which such sign is located fails to comply with notice given pursuant to this Section within the time specified, the City Manager or his designee is authorized to cause the action required by Ordinance, which may include removal of a sign by the City . All costs incurred by the City, plus an administrative cost of fifteen percent (15%) of the direct costs shall be charged against the real property and its owners . D. E . Notice of Costs . If the City incurs costs taking action required by this Section, a statement shall be prepared for the entire cost plus fifteen percent (15 %) administrative costs, and be mailed by certified mail, return receipt requested, to the owner of the property on which the sign is located with instructions that said statement will be paid in full plus costs within thirty (30) days of said mailing date . The notice shall also inform the property owner that the failure to pay the statement for costs for sign removal within sixty (60) days shall result in an assessment being made against the property which shall constitute a lien pursuant to Section 16-4-19 of the Comprehensive Zoning Ordinance of the City of Englewood . Assessment. If the full amount of the statement relating to sign removal for realty is not paid within sixty (60) days, the City Manager shall direct the E>ireet.er ef Fi:BBBeial SeP\•iees t.e assess AN ASSESSMENT OF BE MADE OF the entire amount of the statement plus an additional twenty-five percent (25%) penalty against the specified realty . After assessment l,y tee E>if'eet.er ef FiBBaeial Sel'Yieee , a copy shall be sent to each owner of record of the assessed realty . The assessment shall contain a legal description of the premises, the expenses and costs incurred, 133 • .. ) I • 0 C • • • ,,,-·· • • - and the date of sign removal, and a notice that the City claims a lien for this amount. The QiPeeler ef Filleeeial. Servieee CITY shall certify such assessment to the County Treasurer who shall collect such assessment in the same manner a s ad valorem taxes are collected . F . Assessments. From the date of the assessing statement, all assessments s hall constitute a perpetual lien against the specified realty and shall have priority over all liens excepting general tax liens and prior special assessments. No delays, mistakes , errors or irregularities in any act or proceeding authorized herein shall prejudice or invalidate any final assessment; but the same may be remedied by the Qireeler ef Fi-11eiel. Ser.,ieee CITY MANAGER OR DESIGNEE. as the case may require, upon application made by the property owner or other interes ted person. When so remedied. the same shall take effect as of the date of the original assessme.nt by the DiPeeler ef Filla11eial. Serooiees CITY . G . Other Remedies. Any unpaid charge plus all costs and penalties s hall con s titute a debt due the City. The City Attorney shall, at the direction of the City Manager. institute civil suit in the name of the City to recover such charges , co s t a nd penalties. The City may prevent by injunction and require removal of any sign erected without a permit. These remedies shall be cumulative with all othe r remedies, including prosecution in Municipal Court for each violation of th.ts Chapter pursuant to the provisions and penalties established by Title I , C h a pte r -1 . of the Englewood Municipal Code. Section 269. Title 16, Chapter 4, Section 20 · CONDOMINIUM CONVERSION, Paragraph C , Englewood Municipal Code 1985, is hereby amended as follows : C. Application. In making application for the condominium conversion, developer shall: l. File an application with the QiPeeter sf P11hlie Werlie CITY on a form provided by •ha, Qepar1111e11t IT. 2 . Pay an application fee of fifty dollars ($50 .00) for each unit in the building which can be sold as a condominium. 3 . Submit a letter signed by a licensed structural engineer or licensed architect certifying that the building to be converted meets the life safety requirements set forth in subsection 16-4-200, or certifying that the building can be brought into compliance and identifying those modifications that must be made in order to comply . 4 . Submit written certification by the Qireeler ef Utilities CITY that the service to the building will comply with the water and sewer code regulations in existence at the time of the application. Sec;tion 270. Title 16, Chapter 4 . Section 20 · CONDOMINIUM CONVERSION, Parqraph G , Subsection 10, Englewood Municipal Code 1985, is amended as follows : G .10 . Elevators. Each elevator lobby or area shall be provided with an approved smoke detector located on the lobby ceiling or area. When the detector is 134 • I • 0 - • • • .. . • - activated, elevator doors shall not open and all cars serving that lobby are to return to the main floor and be under manual control only. lfthe main floor detector or a transfer floor detector is activated, all cars serving the main floor or transfe.r floor shall return to a location approved by the Qepm111e11, ef Safe" SeMees ~iPe Qi, ieisa FIRE MARSHALL AND Chief Building Official and be under manual control only. The smoke detector is to operate before optical density reaches three-hundredths (0.03) per foot . Section 271. Title 16, Chapter 4, Section 20 -CONDOMINIUM CONVERSION. Paragraph G , Subsection 11 , Englewood Municipal Code 1985 , is hereby amended as follows : G .11. Security Systems. Security systems restricting access to a building are permitted, provided that: a. It does not restrict emergency exiting from the building. b . A swtable means of access is provided for and approved by the QepR1°'111e11t efSafe~ Sepo-iees ~iPe Qi isiee FIRE l\lARSHALL. Sectjog 272. Title 26 , Chapter 4 , Section 20 -COND0MI1'l1UM CONVERSION, Paragraph K, Englewood Municipal Code 1985, is hereby amended as follows : K. Administrative Procedure . 'When the information required under subsection 6-4- 20C has been submitted to the Qepffl111e11, ef P11hlie Wsrlts CITY , THE FOLLOWING PROCEDURE SHALL BE IMPLEMENTED : l. The application, together with all ofthe required documents, shall be referred to the City depat'(,111e11ts which will be reqwred to issue permits for or provide service to the building to be converted to condominiums for review and comment. The depa-eats CITY may make such inspections as are necessary to determine compliance with applicable codes. 2. The QiPeeter ef P11hlie "'srlts CITY shall issue , witlun tlurty (30) days from the submission of the completed application, a written decision as to whether or not the application to convert meets the requirements of this Ordinance and is accepted or rejected. 3 . If the application is rejected , the basis for rejection shall be specified in the QiPee'8r's CITY'S written decision . The developer has ten (10) days from the receipt of the written decision of rejection to file a notice of appeal to the Board of Adjustment and Appeals. Sectjog 273. Title 16, Chapter 5, Section 1 -STORM DRAINAGE, Englewood Municipal Code 1985, is hereby amended as follows:: No construction shall take place that has the effect of increasing storm water runoff from the property unless the applicant presents a written statement signed and sealed by a duly licensed civil engineer setting forth that the natural surface drainage of the site, in his/her opinion, is adequate to carry from said site, in a manner reasonably calculated not to cause 135 • 0 I • 0 - ( • • • • ... • • • damage to properties at a lower level from such site, all water naturally passing across the premises, together with the additional runoff created by any improvements thereon . The written statement shall be reviewed by the Qep&l'i111e111 ef P1d11ie 'l,!erlle CITY MANAGER OR DESIGNEE. See also Section 16-4-16 ofthis Title, Flood Plain Ordinance. Section 274. Title 16 , Chapter 5, Section 3 · P UBLIC GAR.AGES , FILLING STATIONS, PARKING AREAS, VEHICLE STORAGE LOTS AND CAR SALES LOTS , Paragraph A, Englewood Municipal Code 1985, is hereby amended as follows : A. Drainage, Surfacing and Maintenance: Areas subject to wheeled traffic, whether for parking, sales or storage, shall be property graded for drainage, provide on-s ite detention of storm runoff, and be surfaced with concrete, asphaltic concrete. asphalt or brick pavers, subject to the approval of the E>eparlmeet af P11hhe Warila CITY. Such areas shall be maintained in good condition, free of weeds . dirt, tras h and debris. Section 275. Title 16 , Chapter 5, Section 3 · PUBLIC GARAGES , FILLING STATIONS , PARKING AREAS, VEHICLE STORAGE LOTS AND CAR SALES LOTS , Paragra ph J , Englewood Municipal Code 1985, is hereby amended a s follows: J . Alley Improvements. \Vhenever access to the parking lot or loading areas in any business or industrial district is by way of an alley , the developer shall improve such alley access by providing a dust-free surface thereon in a manner approved by the 9il'ee'8r af P11hlie Warlle CITY . Section 276. Title 16, Chapter 5, Section 7 · HEIGHT EXTENSION, Paragraph A, Subsection 2 , Subparagraph d , Englewood Municipal Code 1985, is hereby amended as follows: A.2.d. No application shall be approved until written evidence has been received from the City Fil'e E>ep&l'illleal , E>ep&r1111eel ef P11hlie Warila and the :Yt.ilities E>epllftlllleet that the preliminary plans for the proposed building or improvement include adequate features for fire protection and public safety . Section 277, Title 16 , Chapter 5 , Section 17 -LANDFILL PERFORMANCE STANDARDS, Introductory Paragraph, Englewood Municipal Code 1985, is hereby amended as follows : All landfill operations conducted within the City limits of the City of Englewood shall be subject to the following provisions, and to requirements established by the City Ee~eeer af .ite City of Englewood. Section 278. Title 16, Chapter 5, Section 17 -LANDFILL PERFORMANCE STANDARDS, Paragraph A, Englewood Municipal Code, 1985, is hereby amended as follows : 136 . . I • 0 - • • • ... ----· • '•. • - A_ Operations and Maintenance. Operations and maintenance s hall be under the direction of the CITY MANAGER OR DESIGNEE. Section 279. Title 16, Chapter 5, Section 17 · LANDFILL PERFORMANCE STANDARDS, Paragraph C, Englewood Municipal Code 1985, is hereby amended a s follows : C . Debris. Control over the blowing of paper and other debris shall be maintained by the use of movable snow fencing , wire mesh fencing, or any other suitable screening device approved by the City S11gitleer . Section 280, Title 16 , Chapter 5. Section 17 · LANDFILL PERFORMANCE STANDARDS, Paragraph E , Englewood Municipal Code 1985, is here by a me nde d a follows : E_ Water Lines. Water lines shall be installed for the control of fires a nd dust a n d shall be sized in accordance with the Seie~ SeP¥iees 9eJ1&rt111e11t CITY requirements . Section 281. Title 16 , Chapter 5, Section 18 · DEVELOPME NT STAN DARDS O N All.TI) ADJACENT TO DESIGNATED LANDFILL SITES, Paragraph A, Englewood Municipal. Code 1985, is hereby amended as follows: A. Review of Proposed Development on Landfill Sites. l. For any parcel of land which is or has been solid was te disposal site no construction of structures or other land uses shall be allowed until the proposed action is reviewed and approved by the 9eJ1&A111e11t ef Ce111m111ti~ Qe ,elsp111e11t, CITY the Fil'e Qi,.tsis11 , and Tri-County District Health Department_ 2 . Tri-County District Health Department and the FiPe Qi,sisiee CITY will be primarily responsible for obtaining flammable gas readings from the s ite and supply safety information related to construction on a landfill. 3. The Qepart111eet ef Cs1111111tltily Qe• elsp111eet Plaftftieg aed 81tilliteg Qi·..tsiee 's CI'IYS primary responsibility s hall be to deal with the proposed land u se and the engineering design . 4_ All comments and recommendations shall be presented to the Plaeftlftg l)i. ·siee aed 8wliteg ~ for review and decision a s per s ubsections B and C herein. Section 282. Title 16, Chapter 5, Section 18 · DEVELOPMENT STANDARDS ON AND ADJACENT TO DESIGNATED LANDFILL SITES, Paragraph B, Subsection 5 , Englewood Municipal Code 1985, is hereby amended as follows : B.5 . All construction or excavation sit.es shall be subject to inspection by the FiPe Qi,..tilt8B CITY. 137 • I • 0 ] ( .. • -• ' ... ... • -' Section 283. Title 16 , Chapter 5, Section 18 D · DEVELOPMENT STANDARDS ON AND ADJACENT TO DESIGNATED LA.l'IDFILL SITES, Paragraph C, Subsection 5 , Englewood Municipal Code 1985 , is hereby amended as follows : C.5. Any construction or excavation site s hall be subject to inspectton by the Fire Qioieiee CITY . Section 284. Title 16, Chapter 5, Section 21 , CONDITIONAL USE, Paragraph F . Subsection 1, Englewood Municipal Code 1985 , is hereby amended as follow s : F . Application Processing. 1. Upon receipt of the application , the Qep1H't111eet ef Ce11111111ftity Qe el e11111 eet CITY shall be responsible for coo rdinating the revi ew of t he applicatton by the various City departments and appropriate public agencies . culminating m the submission of an adviso ry report and reco mm endation to the City Pl a nning an d Zoning Commission . A copy of the advisory rep ort and recommendation s sh a ll be furnished to the appli cant. Section 285. Title 16 , Chapter 5, Section 21· CONDITIONAL USE , Paragraph G, Englewood Municipal Code 1985, is hereby amended as follows : G. Review for Conformance. The Qe11&Ptme11t efCeatatltftit;y Qe,ele11me11t CITY s hall review all building permits which have bee n issued for the Conditional Us e and shall examine the construction which has taken place on the site to insure conformance with the approved Conditional Use . If the use is not in conformance with the approved Conditional Use , a stop work order shall be placed on all construction until such time as the discrepancies are resolved . If it is not brought into conformance with the approved Conditional Cse within thirty (30) days , the Qepftftmeet CITY shall report the violation and the terms and conditions of the approved Conditional Use to the Planning Commission . The Commission shall give written notice to the Conditional Use applicant and all the owners abutting the Conditional Use , and shall hold a public hearing on the report of violations submitted by the Qe11ftffme11t CITY. Upon review of the alleged violations , the Commission may , if it deems necessary, require that appropriate action be taken to remedy the violations. The Commission may approve such amendments and modify the approved Conditional Use. If the amendments or modifications are not approved, the applicant shall bring the project into conformance, or the Commission shall revoke the approval of the Conditional Use , giving written findings therefor. Section 286, Title 16, Chapter 5, Section 21 · CONDITIONAL USE, Paragraph I , Subsection 3, Englewood Municipal Code 1985, is hereby amended as follows : I. Revocation of Conditional Use: 3 . Within the time stated by the Zoning Officer in the notification of a violation of the Conditional Use , the owner or operator shall rectify the violation. Upon 138 • . ) I • 0 • • • .. • • • - completion of any required changes, the owner or operator shall notify the Pl&Bftiftg Qioisiea CITY that said changes have been made . Sectjon 287 . Title 16 , Chapter 5, Section 30 · SATELLITE DISH ANTENNAS, Paragraph C, Subsection 2 , Subparagraph b , Sub-subsection (3), Englewood Municipal Code 1985 , is hereby amended as follows : C.2 .b .(3) Any roof-mounted satellite dish shall have an engineer's certificate submitted to the 8ttiidiag Qepaftmeat CITY, verifying that the r oo f mounting is sound and stable. Section 288. Title 16 , Chapter 5, Section 30 -SATELLITE DISH ANTE N NAS . Paragraph C . Subsection 2 , Subparagraph c, Sub-s ubsection (4), Englewood Municipal Code 1985, 1s hereby amended as follow s : C .2 .c .(4) Roof-mounted s atellite dishes shall have an engineer 's ce rtifi cate submitted to the 8ttildiag QepaAmeRt CITY . Section 289. Title 16 , Chapter 6 , Sections 4 -NONCONFORMI NG VACA:>lT LOT, Englewood Municipal Code 1985, is hereby amended as follows : A . A nonconforming vacant lot may be used only for a use pe rmitted in the zone district in which the Jot is located. The~ CITY may waive minimum ope n space, parking lot area, setback or Jot width requirements as determined n ecessary . The DH'ee4ieP CITY may grant said waiver only if he 'ehe &Rile that: l. The property cannot otherwise be used for any purpose permitted w ithin the zone district applicable to the property . 2. The waiver, if granted, is necessary to afford relief with the leas t modification possible of this Orliiaaeee . TITLE. 8. t'dly appeal frem the QiPeeter'e lieeieiea shall he te the 8earli ef AlijttetmeRt aeli ~ A DECISION MADE UNDER THIS TITLE SHALL BE TO THE BOARD OF ADJUSTMENT AND APPEALS . Sectjon 290. Title 16 , Chapter 6, Section 6-REGISTRATION, Englewood Municipal Code 1985, is hereby amended as follows : A. The owner or owners of the land on which the nonconforming use is located shall register such nonconforming use by filing with the Qepartmeet ef Cemmltftit!',' Qe,elepmeet CITY a registration statement for such nonconforming use on forms provided by the Qepfflmeet ef Ce1111111tftity Qe, elepmeRt CITY. Such registration may be made in behalf of such owner by any person, firm , corporation or other entity which has a legal or equitable interest in the designated land or any structure or structures housing said nonconforming use . A copy of each registration statement shall be returned to the owner or owners by whom filed , a copy retained by the Qep9"meat CITY and a copy of each original registration statement shall be 139 • ' . ) I • 0 C • • • ,, • , .... .. • -... recorded by the 'QepllAllleM CITY in the Office of the County Clerk . The 'QeplH'illleBI CITY shall accept, lodge , and record all tendered registration statements, but the acceptance, lodging and recording of the statements shall not constitute an authorization to operate an unlawful use . The filing of a false registration statement shall constitute a violation of this Ordinance. B. Annual Check by 'Qepan111eM af Ca11111111Bi1J Qe ela11111eal THE CITY . The 'QepllAllleal af Ca11111111Bi*' Qe elap111e11l CITY shall send annually t.o the person , or persons, firm, corporation, or other entity that has registered a nonconforming use, a questionnaire by mail, inquiring as to the operation, status and other details concerning the nonconforming use . If such notice is not returned. completed , wit.hm ninety (90) days, the '9ep8ftllle111 CITY shall record in the Office of the County Clerk a notice that the applicable nonconforming use is presumed t.o have been abandoned. A copy of this notice shall be sent to every perso n . firm . corporation or other entity shown by liepllAlllealei CITY records as then having a legal or equitable interest in the property; provided, however, if it is established t.o the satisfaction of the '9e11aA111e111 CITY that the applicable nonconforming use has not been terminated, the '9epllAlllelll CITY shall record forthwith a certificate withdrawing the notice that the nonconforming use was presumed abandoned . C. Time Extension. Nothing herein shall be deemed to grant an extension of the time required for registration or termination of nonconforming uses under a previo usly existing ordinance . Section 291. Title 16, Chapter 8 , Section 1, -DEFINITIONS, Englewood Municipal Code 1985, is hereby amended as follows : The following words only used in this Title are hereby changed : '911\KCIJQR . FLOOD PROTECTION ELEVATION: RlPRAP : De elapmeat.. De elapmeat.. An elevation one foot (1') above the elevation of "flood profile" of the 100-year flood under existing channel and flood plain conditions . It is one foot (I') above the elevation of the flood for the Flood Plain District as shown on the Zoning Map in the elliee ehhe Ca11111111Bi9J Qe, elep111e11I 9e11art111eel. CITY OFFICES . A facing of masonry or the like for protecting an embankment. R1prap shall consist of field stone or rough unhewn quarry stone as nearly rectangular as is practicable. Broken concrete masonry or concrete pavement may be used if approved by the '9i.reNr ef 1!:11ciaeerinc SePV'ieee CITY. The stone shall have a specific 140 • ., >' .. 0 I • 0 J • • -• • • -.. gravity of at least 2.25 and shall be resistant to the action of air and water. Flaking or fragmental rock will not be permitted. Stones shall have a minimum thickness of three inches (3") and a minimum volume of one cubic foot and at least fifty percent (50%) by weight shall have a volume of two (2) cubic feet or more. The riprap shall be placed to conform to the specifications of the Di1'ee'8r ef Eal!ffleeMg Sel'Yieee CITY . Section 292, Safety Clawtes The City Council hereby finds, determines, and declares that this Ordinance is promulgated under the general police power of the City of Englewood, that it is promulgated for the health, safety, and welfare of the public, a nd tha t this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare . The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained . Section 293. Severabiljty If any cla use , sentence, paragraph, or part of this Ordina n ce or the application thereof to any person or circumstances shall for any reason be adjudge d by a court of competent jurisdiction invalid, s uch judgment shall not affect, impair or invalidate the remainder of tbis Ordinance or it application to other person s or circumstances . Sectjon 294. lnconsjstent Ordinances All other Ordinances or portions thereof inconsistent or conflicting with this Ordinance or any portion hereof are hereby repealed to tbe extent of such inconsistency or conflict. Section 296. Effect of repeal or modificatjon The repeal or modification of any provision of the Code of the City of Englewood by this Ordinance shall not release, extinguish, alter, modify , or change in whole or in part any penalty, forfeiture , or liability, either civil or criminal, which shall have been incurred under such provision, and each provision shall be treated and held as still remaining in force for the purposes of sustaining any and all proper actions, suits, proceedings, and prosecutions for the enforcement of the penalty, forfeiture , or liability, as well as for the purpose of s ustaining any judgment, decree , or order which can or may be rendered, entered, or made in such actions , s uits , proceedings . or prosecutions . Section 296. finaltL The Penalty Provision of E .M .C . Section 1-4-1 shall apply to each and every violation of this Ordinance. Introduced, read in full , and passed on first reading on the 22nd day of February, 2000 . 141 ' I • 0 - ( • • • • .. • - Published as a Bill for an Ordinance on the 25th day of February, 2000. Thomas J . Bums, Mayor ATI'EST: Loucriahia A. Ellis, City Clerk I , Loucriahia A. Ellis, City clerk of the City of Englewood , Colorado, he reby ce rtify that the above and foregoing is a true copy of a Bill for an Ordinance, introduced , read ID full , and passed on first reading on the 22nd day of February, 2000 . Loucrishia A. Ellis 142 • .. . .. I • 0 • • ORDINANCE NO ._ SERIES OF 2000 ,. --. • • - BY AUTHORITY COUNCIL BILL ~O . 5 JNTROD ·cED BY COUNCIL MEJ\IBER GAR RETT AN ORDINANCE AUTHORIZING THE DELEGATION TO THE CITY A:,.ID COUNTY OF DENVER, COLORADO OF THE AUTHORITY OF THE CITY OF ENGLEWOOD , COLORADO WITH RESPECT TO THE ISSUA.'.'JCE OF SINGLE FA.MIL Y HOME MORTGAGE REVENUE BONDS (THE "BO.'.'JDS '') TO FINANCE RESIDENTUL HO US ING FACILITIES FOR LOW AND MIDDLE INCOl\lE PERSONS AND FAi\1lLIES WITHIN THE CITY OF ENGLEWOOD , CO LORADO AND CE RTA.1:-.l OTHER CITIES AND COUNTIES IN THE STATE OF COLORADO : APPROVING SUCH BONDS AND A SINGLE FAMILY MORTGAGE LOAN PROGRA,\1 : A~TD AUTHORIZING THE EXECUTION AND DELIVERY OF A DELEGATI ON AGREEMENT AND OTHER DOC UMENTS I:'.'J CONNECTION THEREWITH . WHEREAS , the City of Englewood, Colorado (the "City"). a nd the Ci t y and Co unty of Denver, Colorado (the .. Issuer"), are each authorized by the Co unty a nd Muruc1pality Development Revenue Bond Act, constituting article 3 of title 29, Co lor ado Re>v,sed Statutes, as amended (the "Act''), to finance projects as defined in t he Act. including residential housmg facilities for low and middle mcome persons and families ; and WHEREAS , Section 29-3 -104 (2) of the Act provides that a co unty or municipality may delegate by resolution or ordinance, as the case may be . to any other county or municipality authority to act on its behalf in the financing of projects under the Act and that any s uch delegation may be general or limited m scope a nd time a nd may be irrevocable for the term or terms of a n y financing agreement or bond issue, a ll a s proV1ded in such re solution or ordinance; and WHEREAS, the Issuer proposes to issue single famil y home mortgage r eve nue bonds purs uant to the Act (the "Bonds") to finance r esi de ntial hous ing facilities for low and middle income persons and familie s within the City and other cities a nd co unties in the State of Co lorado (the "Single Family Mortgage Loan Program ''); a nd WHEREAS, the City desires to delegate to the Issuer the a uthor ity of the City to finance and otherwise take action and exercise power under the Act on behalf of the Ci t y with respect to the Single Family Mortgage Loan Program w1th.m t h e City; a nd WHEREAS , it is necessary to evidence s uch delegation by t he exec ution a nd delivery by the City of a Delegation Agreement (the ''De legat10n Agreeme nt") betwee n the City and the Issuer in substantially the form presented at tlus meet.mg : NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS : Sectjon 1. In order to facilitate the origination of single family mortgage loans within the boundaries of the City as part of the Single Family Mortgage Loan Program , the City hereby (i) delegates to the Issuer the authority of the Cit y to finance • 10 b i I • 0 ]- • • • ... ~ -• ' . •a..• .. ... • • " and otherwise take action and exercise power under the Act on behalf of the City with respect to the Single Family Mortgage Loan Program within the City and (ii) approves , and authorizes and directs the Mayor of the City to sign and deliver and the City Clerk to attest and deliver the Delegation Agreement in substantially the form presented at this meeting. A copy of the proposed Delegation Agreement is on file in the office of the City Clerk and is available for inspection by the public. Sectjon 2. The Council hereby approves the Bonds and the Single Family Mortgage Loan Program for purposes of Section 147 (1) of the Internal Revenue Code of 1986 , as amended. Sectjon 3. The Mayor of the City is hereby authorized and directed to execute and deliver and the City Clerk is hereby authorized and directed to attest and deliver such other agreements and certificates and to take such other actions as may be nece ssary or convenient to carry out and give effect to the Delegation Agreement and this Ordinance, including any agreement or certificate approving the Bonds or the Single Family Mortgage Loan Program for purposes of Section 147(1) of the Internal Revenue Code of 1986, as amended. Section 4. Nothing contained in this Ordinance or the Delegation Agreement shall constitute a debt, indebtedness or multiple-fiscal year direct or indirect debt or other financial obligation of the City within the meaning of the Constitution or statutes of the State of Colorado or the home rule charter of any political s ubdivision thereof, nor give rise to a pecuniary liability of the City or a charge against its general credit or taxing powers. Section 5. If any section, paragraph, clause or provision of this Ordinance shall for any reason be held to be invalid or unenforceable , the invalidity or unenforceability of any such section, paragraph, clause or provision shall not affect any of the remairung provisions of this Ordinance. Introduced, read in full , and passed on first reading on the 17th day of January, 2000 . Published as a Bill for an Ordinance on the 21st day of January, 2000. Read by title and passed on final reading on the 22nd day of February, 2000. Published by title as Ordinance No . ~ Series of 2000 , on the 25th day of February, 2000 . Thomas J . Burns, Mayor ATTEST: Loucrishia A. Ellis, City Clerk • ~· -_____ ... ___ M _______ _ ' . ., ..: ' .. . , • I • 0 I • • • ORDINANCE NO. SERIES OF 2000 • • • BY AUTHORITY COUNCIL BILL NO . 5 INTROD U CED BY COUNCIL MEMBER GARRETI AN ORDINANCE AUTHORIZING THE DELEGATION TO THE CITY A:-JD COUi\'TY OF DENVER, COLORADO OF THE A THORITY OF THE CITY OF ENGLEWOOD , COLORADO WITH RESPECT TO THE ISS UAl'\IC E OF SINGLE FA.I\IILY HOME MORTGAGE REVENUE BONDS (THE ·'BONDS-') TO FINANCE RESIDE NTIAL HOUSING FACILITIES FOR LOW AND '.\IIDDLE l).TCOM.E PERSO:S:S AND FA.1\1ILIES WJTHI THE CITY OF ENGLEWOOD , COLORADO AND CE RTAL OTHER CITIES AND COUNTIES IN THE STATE OF COLORADO : APPROVING SUCH BONDS A~l) A SINGLE FAMILY MORTGAGE LOA~ PROGRA .. \1: AND AUTHORIZING THE EXECUTION AND DELIVERY OF A DELEGATION AGREEMENT AND OTHER DOCUME NTS 1::-1 CONt-YEC TIO).T THEREWITH . WHEREAS, the City of Englewood , Colorado (the ''City"'), and the City a nd Co unty of Denver, Colorado (the '·Issuer"), are each authonzed by t h e Co unty a nd Mun.icipality Development Revenue Bond Act, constituting article 3 of title 29 . Colo r ado Re",sed Statutes, as amended (the ''Act"), to finance projects as defined m t he Act. including residential housing facilities for low and middle income persons and fa mili es; a nd WHEREAS , Section 29-3-104(2) of the Act provtdes that a co unty or mun.icip al.i t y may delegate by resolution or ordinance . as the case may be . to any other co unty or murucipality authority to act on its behalf in the financing of proJects under the Act and that any s uch delegation may be general or limited in scope a nd tim e a nd m ay be irrevocable for the term or terms of any financing agreement or bond issue , all as provided in s uch resolution or ordinance ; and WHEREAS , the Iss uer proposes to issue smgle family home mortgage revenue bonds purs uant to the Act (the "Bonds") to finance r esidential housing facili ti es for low and middle income persons and families with.in the City and other cm es a nd co unties in the State of Colo r ado (the ''Single Family Mortgage Loan Progra m"): and WHEREAS , the City desires to delegate to the Is s ue r the auth or ity of the City to finance and otherwise take act.ion and exercise power under the Act on behalf of the City wi t h respect to the Single Family Mortgage Loan Program w1tlun the City ; a nd WHEREAS , it is necessary to evidence s uch delegation by t he execution and delivery by the City of a Delegation Agreement (the "Delegation Agree ment") between the City and the Issuer in s ubstantially the form presented at tlus meetmg; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Sectjon l. In order to facilitate the origination of s ingle family mortgage loans with.in the boundaries of the City as part of the Single Family Mortgage Loan Program , the City hereby (i) delegates to the Issuer the authority of the City to finance • 10 b i I • 0 - • • • • I• .. • - and otherwise take action and exercise power under the Act on behalf of the City with respect to the Single Family Mortgage Loan Program within the City and (ii) a pproves , and authorizes and directs the Mayor of the City to sign and deliver and the City Cle rk to attest and deliver the Delegation Agreement in substantially the form presented a t this meeting. A copy of the proposed Delegation Agreement is on file m the office of the City Clerk and is available for inspection by the public. Section 2. The Council hereby approves the Bonds and the Single Family Mortgage Loan Program for purposes of Section 147 (1) of the Internal Revenue Code of 1986 , as amended. Sectjon 3. The Mayor ofthe City is hereby authorized and directed to exe cute a nd deliver and the City Clerk is hereby authorized and directed to attest and deliver su ch other agreements and certificates and to take such other actions as may be necessa ry or convenient to carry out and give effect to the Delegation Agreement and thlS Ordinance, including any agreement or certificate approving the Bonds or the Single Family Mortgage Loan Program for purposes of Section 147(1) of the Internal Re ve nue Code of 1986, as amended . Sectjon 4. Nothing contained in this Ordinance or the Delegation Agree me nt s ha ll constitute a debt, indebtedness or multiple-fiscal year direct or indirect debt or othe r financial obligation of the City within the meaning of the Constitution or statutes of the State of Colorado or the home rule charter of any political s ubdivis ion thereof, nor give rise to a pecuniary liability of the City or a charge against its ge neral cr edit or taxing powers. Section 5. If any section, paragraph, clause or provision of this Ordinance shall for any reason be held to be invalid or unenforceable, the invalidity or unenforceability of any such section, paragraph, clause or provision shall not affect any of the remaining provisions ofthis Ordinance. Introduced, read in full , and passed on first reading on the 17th day of January, 2000 . Published as a Bill for an Ordinance on the 21st day of January, 2000. Read by title and passed on final reading on the 22nd day of February, 2000. Published by title as Ordinance No . ~ Series of 2000, on the 25th day of February, 2000 . Thomas J . Burns, Mayor ATTEST: Loucriahia A. Ellia , City Clerk - I • 0 I ]- • • • • ~ ,,-- • l• ·~· • -' CERTIFICATE OF THE CITY OF ENGLEWOOD . COLORADO Relating to CITY AND COUNTY OF DENVER, COLORADO SINGLE FA .. ~ILY HOME MORTGAGE REVE NUE BOl\i"DS ... (METRO MAYORS CAUCUS SINGLE FA1\ULY MORTGAGE BOND PROGRAM) SERIES 2000 The undersigned Mayor and City Clerk of the City of Englewood , Colo rado hereby certify that: l. Ordinance. Attached hereto 1s a true and co rrect copy of a n Ordinance of the City Co uncil of the City of Englewood , Co lorado (the '"Co uncil '") that wa s adopted by the Council in accordance with applicable la w on the date indicated therein (the ·'Ordinance .. ). All meetings of the Co uncil at which action relating to the Ordinance were taken were properly notice d m the manner and at the times required by law , were ope n at all times to the general public and were attended by a quorum of the Council. The Ordinance has been signed, attested. sealed and made a permanent part of the records of the Co uncil in accordance with applicable law : is m full fo r ce and effect : and has not been a me nded , modified or re pealed s ince its adoption . 2. 3. Delegation Agreement. Attached hereto is a true and co rrect co py of a Delegation Agreement dated a s of the date indicated therem (the .. Del egation Agreement") between the City of Englewood , Colorado and the City a nd Co unty of Denver, Colorado (the "Iss uer"). The Delegation Agreeme nt ha s been duly authorized , executed and delivered by the City and . up on due authorization . execution and delivery by the Issuer. will constitute a valid and bindmg obligation of the City, enforcea ble agamst t he City in accordance with its terms . Approval of Bonds and Project. A public hearing on behalf of the Co uncil , the City and the Iss uer wa s held in the Office of Planning a nd Development for the City a nd Co unty of De nver. Co lorado . At s uch public hearing , all interested persons were gwen an opportunity to express their views. both orally and in writmg, on the proposed iss uance of the Bonds and the location and nature of the Single Family Mortgage Loan Program . The Co uncil has received a report of the hearing. The Mayor of the City of Englewood , Colorado, as the chief e lected executive official of the City of Englewood , Colorado acting as s uch after s uch public hearing, hereby approves the Bonds and the Single Family Mortgage Loan Program, wluch approval is intended to comply with the provision s of Section 147(!) of the Internal Revenue Code of 1986, as a mended . IN WITNESS WHEREOF, we have hereunto set our hands this ___ day of , 2000 . ATTEST: Thomas J . Burns, Mayor Loucnshia A. Ellis , City Clerk ' .. ' ' ) I • 0 - • • • .. .. • l• ~, ... .. • -' I , Loucrishia A. Ellis, City Clerk of the City of Englewood , Colorado, hereby certify that the above and foregoing is a true copy of the Ordinance passed on final reading and published by title as Ordinance No . _, Series of 2000. Loucrishia A. Ellis .. I • 0 - • • • ~ _. • ,-..... .. .... • -' DELEGATION AGREEMENT THIS DELEGATION AGREEMENT (this "Delegation Agreement") is between CITY OF ENGLEWOOD . COLORADO , a home rule municipal corporation and political subdivision of the State of Colorado (the .. City"'), and the CITY AND COUNTY OF DENVER, COLORADO , a home rule city , a municipal corporation and a political subdivision of the State of Colorado (the "Issuer"'). RECITALS: WHEREAS . the City and the Issuer are each authorized by the County a nd Municipality Development Revenue Bond Act. constituting article 3 of title 29 , Colorado Revised Statutes, as amended (the "'Act'), to finance proiects as defined in the Act, including residential housing facilities for low -and middle-income pe r so n s and families ; and WHEREAS , Section 29-3-104(2) of the Act proV1des t hat a co unty or municipal.tty may delegate by resolution or ordinance, as the case may be, to any other county or municipality authority to act on its behalf in the financing of projects under the Act and that any such delegation may be general or limited in scope and time and may be irrevocable for the term or term s of any financing agreement or bond issue , all as provided in s uch resolution or ordinance: and WHEREAS, the City desires to delegate to the Issuer the authority of the City to finance and otherwise take action and exercise power under the Act on be half of t h e City with respect to the Single Family '.\lortgage Loan Program within the City . NOW THEREFORE, in consideration of t he mutual covenants and unde rtakings set forth herein, the City and the Issuer hereby agree as follow s: Sectjon l. The City hereby delegates t o the Issuer the authonty of the City to finance and otherwise take action and exercise power under the Act on behalf of t h e City with respect to the Single Fami.ly !\1ortgage Loan Program withm t.h e City . Sectjon 2. The Issuer hereby acce pts the delegation of authonty from the C ity pursuant to Section l hereof and agrees to abide by each of the terms and condition s of this Delegation Agreement in connection with the use of s uch delegation . The Issuer agrees to make available to the City no later than June l. 2000. a portion of the proceeds of the Bonds for the origination of home mortgages within the City"s boundaries. IN WITNESS WHEREOF , the City and the Issuer have ca u sed this Delegation Agreement to be executed to be effective as of , 2000 . [SEAL] CITY OF ENGLEWOOD , COLORADO ATTEST: Thomas J . Burns. Mayo r BY~~~~~~~~~~~~ Loucrishia A. Ellis, City Clerk • I • C, - • • • ,. ,,,.. .. • ... .. • - BY AUTHORITY ORDINANCE NO ._. SERIES OF 2000 COUNCIL BILL NO . 6 INTRODUCED BY CO U NCIL MEMBER GARRET'l' AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE COLORADO DEPARTMENT OF TRANSPORTATION (CDOT) AND THE CITY OF ENGLEWOOD PERTAINING TO A GRANT ESTABLISHING A TRAFFIC ENFORCEMENT PROJECT. WHEREAS , City of Englewood Safety Services Department has applied to the Colorado Department of Transportation (CDOT) for a grant to establish a traffic enforcement project; and WHEREAS, the CDOT Grant will establish resources which will enable the police division to mllllltain a comprehensive traffic enforcement project; and WHEREAS , the Englewood Police Division's primary goal is to reduce accidents at the top five accident locations within the City by 10% over the three year period of the intergovernmental agreement with CDOT: and WHEREAS , another goal of this project is to improve the quality of life on the community by effectively addressing traffic issues that compromise safety and disrupt the quality of life ; NOW , THEREFORE, BE IT ORDAINED BY THE CITY CO NCIL OF THE CITY OF ENGLEWOOD , COLORADO . AS FOLLOWS : Sec;tjon l . The City Council of the City of Englewood , Colorado hereby authorizes the Intergovernmental Agreement between the Colorado Department of Transportation (CDOT) and the City of Englewood, a copy of wluch is marked a s "Exhibit A" and attached hereto. Sec;tjon 2. The Director of Safety Services and the City Clerk are hereby a uthori ze d to sign and attest said Intergovernmental Agreement on behalf of the City of Englewood . Introduced , read in full , and passed on first reading on the 7th day of February, 2000 . -l - • 10 b ii ) I • 0 - • • • - Published as a Bill for an Ordinance on the 11th day of February, 2000. Read by title and passed on final reading on the 22nd day of February, 2000 . Published by title as Ordinance No. ~ Series of 2000, on the 25th day of February, 2000. Thomas J. Burns, Mayor ATTEST: Loucrishia A. Ellis, City Clerk I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of the Ordinance passed on final reading and published by title as Ordinance No. ~ Series of 2000. Loucrishia A. Ellis -2- • , . . ' . ' . 0 I • 0 3 • • ,. ,,-· • • - DEPARTMENT OR AGE'.'ICY NUM BER : HAA CO!'ll'TRACT ROUTING i'\l.;MBER: 00 HTS 00071 GRA~TCONTRACT THIS GRANT CONTRACT, made this __ day of , 2000 by and between the State of Colorado, for the use and benefil of the Department of Transportation. Office of Transportation Safety, 4201 Ea.st Arkansas Avenue. Denver. Colorado 80222. hereinafter referred to as the State. and the City of Englewood -Englewood Police Department, 3615 S. Elati Street. Englewood. Colorado 80110. a Governmental not- for-profil entity. hereinafter referred to as "the Grantee·· or "the Contracwr". WHEREAS . authority exists in the Law and Funds have been budgeted. appropriated and otherwise made available and a sufficient unencumbered balance thereof remains available for payment in Fund ~umber 400. Appropriation Code 303. Org . Unit 9809. Contract Encumbrance Number 9711 . GBL ~umber 2 l 2B . FEN Number 846000583C: and WHEREAS , require d approval. clearance and coordination has been accomplished from and wilh appropriate agencies : and WHEREAS , the State is aulhonzed under Se ctions 43-5-401 and 24-42-103 , C.R .S .. as amended. to coordinate "'ith the federal government and other entities to develop and implement plans and programs involving all aspects and co mponents of traffic safety in Colorado: and WHEREAS . pursuant to Title 23 United State s Code . Sections 402. 408 . and 410 . and to 23 Code of Federal Regulations. Parts 924. 1204 and 1205 . the State has re ceived approval and grant funding for implementation of its Fiscal Year 2000 Highway Safety Plan (HSP), from the U.S . Department ofTransponation . National Highway Traffic Safety Administration and Federal Highway Adnunistration: and WHEREAS , the HSP contains programs and activitie s which the State has detennine.d, in accordance with applicable criteria. are designed to reduce !he frequenc y and severity of traffic crashes or improve the operational efficiency of existing traffic safety programs in Colorado; and_ , WHEREAS. the State solicits and reviews grant Applications in accordance wilh applicable grant program criteria and detennines which agencies or entities would be most appropriate in completing the objectives. conducting the activities and providing the services required by the HSP; and WHEREAS, the Grantee has submitted a grant Application to conduct certain activities approved in the HSP, which Application has been approved by !he State : and WHEREAS. the Grantee has the technical ability to properly complete the objectives and activities of the Application, as described in Attachment A of this Contract: and WHEREAS. it has been detennined no State agency can reasonably conduct the activities and provide the services required of the Contractor, and • • ~ .. E + ) .. I • 0 • • --------------------------,,~------------------~--- • ---. • • - WHEREAS. selection of contractor was made under a Request For Proposals (RFP) pursuant to the authority in Section 24-103-203. C.R.S . and Procurement Rule 3-203 of the Code of Colorado Regulations regarding competitive sealed proposals: WHEREAS. this contract is executed by the State under authority of Sections 43-5-40 I and 24-42-101, C .R.S ., as amended, and is executed by the Coniractor under authority of (Corporation: Section 7-22-101, C.R .S .• as amended. together with a copy of the bylaws or articles of incorporation verifying the undersigned has authority to bind the Contractor. and an attestation of the Contractor·s signature by the Corporate Secretary: Pannership : the signature of the general partner, ~tested to by another partner: Individual : the notarized signature of the Contractor); and WHEREAS . the Contractor warrants it has taken all necessary steps to ensure the individual signatory below has the authority to sign this Contract on its behalf. NOW TiiEREFORE. it is hereby agreed as follows : I . The following Attachments and other documents are incorporated as terms and conditions of this Contract.. A. State "Special Provisio ns" B . Attachment A -C ontract Objective and Tasks -Scope of Work ("the Work'") C. Office of Transportation Safety Contract Management Manual D . The Project Applicauon The Contractor shall comply with all such terms and conditions in the performance of the Work . 2 . If a conflict occurs between the terms and conditions of this Contract proper and the attachments hereto. the priority to be used to resolve such conflict shall be as follows: A . State "Special Provi sions" B . This Contract proper C. Attachment A D. Office of Transportation Safery Contract Management Manual E . The Project Application 3 . The Contractor shall perform the Work (carry out the program, conduct all the activities , and provide the services) described in the Scope of Work attached hereto as Attachment A . 4 . In the performance of the Work, the Contractor shall comply with all applicable administrative procedures and contract requirements contained in the October I, 1994 Colorado Highway Safety Contract Management Manual . 5. The Contractor shall submit periodic and ftnal repons to the State according to the requirements of the Contract Manual and the reporting criteria set forth in page 2 of Attachment A. 6 . The Contractor shall comply with the budget for this contract as set forth in page 3 of Attachment A. The Contractor shall be solely responsible for all costs incurred in excess of this budget amount. 2 • I • 0 ----:----------------.--------,,--------------------~--- - • • • • • .. 7. The total estimated program costs shall be S 198.200.00_. Subject to the conditions of this contract. the State and Contractor shall panicipate in providing this amount as follows : A. State share (federal funds) shall not exceed B. Contractor share (estimated in-kind services as detailed in application ) C. Total estimated program costs S 64.800 .00 S 133.400.00 S 198.:200 .00 The State share shall be comprised entirely of federal grant funds made available to the State . The State share amount of this Contract shall not be exceeded without benefit of a fully executed written supplemental contract. or other appropriate contract modification tool. executed prior to the incurrence of costs in excess of that amount. If the acrual total program costs are less than the estimated total program costs, including as a result of the contractor's failure to supply all of the estimated contractor share. the stalC·s share shall be reduced proportionately . The term "proportionately " means the ratio of actual expendirures to total planned expendirures for both State and contractor shares . The contractor may increase the contractor share without funher State approval. but this increase shall not increase the State share . The Grantee is prepared to provide its match share of the cost. 8 . PAYMENT TER...\1S -COST REIMBURSEME!'.1. The State shall reimburse the Contractor for the satisfactory performance of this Contract exclusively from funds made available for this contract under the Highway Safety Act. Title :!3. U.S.C. Section 40:!. Such reimbursement shall be only as provided in the Contract Manual . Such reimbursement shall be contingent upon the contribution by the Contractor of its panicipaung share as provided herein. and shall be contingent upon the continuing availability of federal fund s under the Highway Safety Act . Title :!3 . U .S .C. Section 402. for the purposes here o f. A . The State shall reimburse the Grantee's reaso nab le. allocable . allowable costs of performance. as defined herein . of the Work , not exceeding the maximum total amount described above . ( I ) To be eligible for reimbursement. costs incurred by the Grantee shall be : (a) in accordance with the provisions of Attachment A and with the terms and conditions of this Contract: (b) (c) (d) (e) (f) necessary for accomplishment of the Work: reasonable in amount for the goods or services purchased : actual net cost to the Grantee (i.e .. the price paid minus any refunds. rebates. or other items of value received by the Grantee that have the effect of reducing the cost acrually incurred): incurred for Work performed subsequent to the effective date of this Contract ; and satisfactorily documented. (2) The Grantee shall establish and maintain a proper accounting system in accordance with generally accepted accounting standards (a separate set of accounts. or as a separate and integral pan of its current accounting scheme) to assure that project funds arc expended and costs accounted for in a manner consistent with this Contract and project objectives. 3 • I • 0 - •• • • .. ,. • • • • ... (a) All allowable costs charged to the project, including any approved services contributed by the Grantee or others. shall be supported by properly executed payrolls. time records. invoices, contracts, or vouchers evidencing in detail the nature of the charges. (b) Any check or order drawn up by the Grantee for any item which is or will be chargeable against the project account shall be drawn up onl y in accordance with a properly signed voucher then on file in the office of the Grantee, which will detail the purpose for which said check or order is drawn. All checks. payrolls, invoices, contracts. vouchers. orders. or other accounting documents shall be clearly identified. readily accessible. and to the extent feasible, kept separate and apart from all other such document. B . Unless otherwise provided. and where appropriate: (1 ) The State shall establish billing procedures and reimburse the Grantee. based on the submission of monthly statements in the format prescribed by the State . T o be considered for payment, billings for payment pursuant to this contract must be received within 60 days after the period for which payment is being requested and final billings on the contract must be received by the State within 60 days after the end of the contract term. ('.!) Payments pursuant to this contract shall be made as earned. in whole or in pan. from a vailable funds encumbered for the purchase of the described services. The liabi lity of the State, at any time. for such payments shall be limited to the amount remaining of such encumbered funds . (3) In the event this contract is terminated. final payment to th e Grantee ma y be withheld at the discretion of the State until completion of final audit. (4 ) Incorrect payments to the Grantee due to omission. error. fraud. or defalcation shall be recovered from the Grantee by deduction from subsequent payment under thi s contract or other contracts between the State and the Grantee, or by the State as a debt due to the State. (5) The Grantee shall submit requests for reimbursement monthl y . stat in g in the invoice a detailed description of the amounts of services perforrned. the date s of performance. and amounts and description of reimbursable expenses . (6 ) The Uniform Administrative Requirements for Grants and Cooperativ e Contracts to State and Local Governments (the "Common Rule "), and the applicable 0MB Circulars ci ted therein . shall govern the allciwability and allocability of costs under this contract. (7) Any costs incurred by Grantee that are not allowable under the Common Rule shall be reimbursed by the Grantee, or offset against current obligations due by the Stare to the Grantee, at the State ·s election . 9 . The term of this Contract shall begin on the effective date and shall terminate on September 30, 2000. The effective date of this Contract shall be the date the required signature approval of the State Controller is obtained on this Contract, as evidenced by the date first appearing above. Contractor agrees that any contract work performed or costs incurred prior to the effective date shall not be compensated under the terms of this Contract . 10 . The Contractor agrees that any subcontract entered into under this Contract shall meet all applicable state and federal requirements. including the requirements in Title 49. 4 • .. I • 0 • • • ---------------------~ .. -----------------------------~----~ • '•· • - C.F.R . Section 18 .3 6 concerning competitiv e procurements. and mu st be approved by the Dir ector. Office ofTransponati on Safety. prior to execution . C o ntractor shall not assign thi s C ontract without prior written approval of the Sute: any a ssi gnment without such approval shall be void . 11 . a) Terminat ion Due to Loss of Funding . The partie s hereto expressly recognize the Contractor is to be paid. reimbursed. or otherwise compensated solely with federal funds provided to the State for the purpose of contracting fo r the services prov ided for herein . Therefore, the Contractor expressly understands and agrees all its rights . demands and claims to compensation arising unde~ this Contract are contingent upon receipt of such funds by the State . In the event such funds or an y part th ereof are not received b~ the State . the State may immediately terminate or amend this Contract. b) Terminat io n fo r Cau se . If. fo r any cause. the C o ntract or s hall fail to fulfill in a timel y and proper manner its o bli gation s under thi s C ontract. or if the Contractor shall violate an y of the covenants . Contracts or st1pulauons of this C ontract. the State shall thereupon have the right to terminate this Contract for cause by giving written notic e to the Contractor of such termination and specifying the effective date thereof. at least 30 day s before the effective date of s u c h terminati on . In that event. all finished or unfin ished documents. data. studies. s urveys . drawings . ma ps. model s. photograph and repon or oth er material prepared by the C o ntrac tor under thi s C ontract shall. at the op tion of the St:ne. become its propeny . and the C ontractor shall be entitled to re ceive just and equitable compensation for any satisfactory work completed on such documents and other m:uerials . Any provi sion of this contract to the contrary notwith stand in g. in the event terminati on of thi s contract becomes necessary . in the state 's sole discretion. to compl y wit h any coun order concerning state personal services contracts general ly or thi s contrac:. s pec ific all y. th1 contract may be terminated by the state immediate ly upon the giving of noti ce to contract o r without funher obligation of the state . c) Termination for Convenience . Tne Stat e may terminate thts Contract at an y time the St.ate determines the purposes of the distribution of mo n ies under the Contract would no longer be served by completion of the Pro1ect . Th e State shall effect such termination by givi ng 11.·ritten n otice of termination to the Contractor and s pecify in g the effective date thereof. at least 20 days before the effective date of such termination . 12 . INDEPENDE!',.'T CONTRACTO~. THE CO!\'TRACTOR SHALL PERFORM ITS DlITIES HEREur-DER AS AS INDEPE!':DE~'T CO!\'TRACTOR AND NOT AS AN EMPLOYEE. NEITHER THE CON'TRACTOR ~OR ANY AGE!\'T OR EMPLOYEE OF THE CONTRACTOR SHALL BE. OR SHALL BE DEEMED TO BE. A N AGE!'<'T OR EMPLOYEE OF THE STA TE. AND THEY SHALL HA VE NO AUTHORIZATION. EXPRESS OR IMPLIED. TO BIND THE STATE TO ANY CO!\'TRACTS , SE1TLEMENTS. LIABILITY. OR UNDERSTANDING EXCEPT AS EXPRESSLY SET FORTH HEREIN . THE CONTRACTOR SHALL BE RESPONSIBLE TO THE STATE FOR THE ULTIMATE RESULTS OF PERFORMANCE REQUIRED HERElJNDER BUT SHALL NOT BE SUBJECT TO THE DIRECTION AND CONTROL OF THE ST A TE AS TO THE MEANS AND METHODS OF ACCOMPLISHING THE RESULTS . THE SPECIFICATIONS IN THIS CONTRACT OF PARTICULAR PERFORMANCE STANDARDS THE STA TE DEEMS ESSE.l'IITIAL TO PROPER PERFORMANCE AND CONTRACT VALUE SHALL IN NO EVENT BE DEEMED TO ALTER THIS RELATIONSHIP . CONTRACTOR SHALL PAY WHEN DUE ALL REQUIRED EMPLOYMENT TAXES AND INCOME TAX WITHHOLDING. INCLUDING ALL FEDERAL AND ST A TE INCOME TAX ON MONEYS PAID PURSUANT TO THIS 5 • 0 I • - • • • •·. .. • - GRANT CONTRACT. THE CONTRACTOR SHALL PRO V IDE AND KEEP IN FO RCE WORKER'S COMPENSATION (AND SHOW PROOF OF S UCH J]\;S URAJ\jCE ) AND UNEMPLOYMENT COMPENSATION INS URANCE I]\; THE AMO UNTS REQ UIRED BY LAW, AND SHALL BE SOLELY RESPO NSIBLE FOR THE ACTS OF THE CONTRACTO R. ITS EMPLOYEES AND AGENTS . THE CONTRACTOR ACKNOWLEDGES THAT CONTRACTOR AND ITS EMPLOYEES ARE NOT E.l'\'TmED TO THE BE NEFITS OF WORKER'S COMPE.N"SATION INSURANCE OR UNEMPLOYME:'\!T INSURA.i\lCE UNLESS THE C01''TRACTOR OR A THIRD PARTY PROVIDES S UCH C OVERAGE AND THAT THE ST A TE DOES NOT PAY FOR OR OTHERWISE PROVIDE S CCH COVERAGE. 13 . Pursuant 10 CRS 24-30-202.4 (as amended), the state controller ma y withhold debts owed to state agencies under the vendor offset intercept system for : (a) unpaid c hild suppon debt or child suppon arrearages : (b) unpaid balance of lax , acc rued interest. or other c harges specified in Anicle 22. Tille 39 , CRS : (c ) unpaid Joan s due 10 the student loan di vision of th e Depanment of Higher Education : (d ) owed amounts required to be paid to the unempl oy me nt compensation fund ; and (e ) other unpaid debts owing to the state o r an y agency there of. the amount of which is found 10 be owing as a result of final agen c y determinati on or reduced 10 judgement as certified by the controller. 14 . Federal Funding . TI11 s contract 1s su bject to and c o nt ingent up on the c o ntinuin g availability of Federal funds for the purpose s hereof. The panics he ret o expressl y re c ognize tha t the contractor is to be paid. reim bu rsed . or otherwis e compensated with fund s provided to the State by the Federal Government for th e purpose of co ntracti ng for the servic e s pro vided fo r herem . and therefore . the contractor expressly understand s and agrees that all its rights , deman d s. a n d claims to compensation arising under thi s contract are contingent upon receipt of such fund s by the State. In the event that such fund s o r any pan thereof are not received by the State . th e State ma y inunediatel y terminate thi s contract without liabi lit y. including liability for 1emunat1 o n cost s. 15 . The Grantee shall ma intain a complete fi le of all rec ords . document s. communications, and other written materials which pertain 10 the operat io n of programs o r the delivery of services under this contract, and shall maintain such record s for a period of three (3) years after the date of termination of this contract or final payment hereunder. whi c hever is later. or for such further period as may be necessary to re solve an y matters whi ch ma y be pending . All such records. documents . communications and other materi als shall be the propeny of the State. and shall be maintained by the Grantee in a central location and the Grantee sha ll be c u st odian on behalf of the State . 16 . The Grantee. and its subcontractors and subgrancees . shall permit the State, Federal Government. or an y other dul y authorized agent of a governmental agenc y to audit . inspect. examine , excerpt. copy and/or transcribe Grantee 's re c ords during the term of this contract and for a period of three (3) years following termination of thi s contract or final pay ment hereunder. whichever is later. 10 assure compliance with the terms hereof, or to evaluate the Grantee's perfonnance hereunder. The Grantee shall also permit these same described entities 10 monitor all activities conducted by the Grantee pursuant to the terms of this contract. As the monitoring agency may in its sole discretion deem necessary or appropriate , such monitoring may consist of internal evaluation procedures. examination of program data. special an alyses. on -s ite check. or any other reasonable procedure . 17 . All state and local government and non -profit organization Grantees recei ving more than $300.000 from all funding sources. that are defined as federal financ ial assistance for Single Audit Act Amendment purposes. shall comply with the audit requirements of 0MB 6 \(_ . ~---------------.---~ .. 0 I • 0 I - • • • • .. • -.. Circular A-128 {Audits of State and Local Governments) or A-133 (Audits of Institutions of Higher Education and Other Non-profit Organizations), whichever applies . Toe Single Audit Act Amendment requirements that apply to Grantees receiving federal funds arc as follows : • lfthc subgrantee expends less than $300,000 in Federal funds (all sources, not just Highway funds) in its fiscal year then this requirement docs not apply . • If the subgrantee expends more than $300, 000 in Federal funds , but only received Highway funds (Calalog of Fcdcral Domestic Assistance, CFDA 20.205) then a program specific audits may be performed. 'Ibis audit will in only examine the ''fmancial" procedures and processes for this program area. • If the subgrantee expends more than $300,000 in Federal funds, and the Federal funds are from miltiple sources (FI'A, HUD. NPS, etc.,) then the Single Audit Act applies, which is an audit on the cntin: organization/entity. • Single Audit can only be conducted by an independent auditor, not by an auditor on staff. • Audit requirements arc laid out in Subpart E -Awiirors • Audit is an allowable direct or induect cost. 7 .. ,. \ •, ) I • 0 I • I· •,, • • • 18 . Rights in Data. Documents . and Computer Software A. State Ownership. If State funds are used under this contract. any software. ... research . reports. studies. data. photographs. negatives or other documen!S. drawings or matenals prepared by contractor in the performance of its obligations under this contract shall be the exclusive property of the State and all such materials shall be delivered 10 the State by the contractor upon completion. tennination, or cancellation of this contract. Contractor may, at its own expense, keep copies of all its writings for its personal files . Contractor shall not use. willingly allow. or cause to have such materials used for any purpose other than the performance of contractor's obligations under this contract without the prior written consent of the State : provided. however. that contractor shall be allowed to use non-confidential materials for writing samples in pursuit of the work. The ownership rights described herein shall include. but not be limited to. the right to copy. publish. display. transfer. prepare derivative works. or otherwise use written works . B . Federal Reserved Rights . If Federal funds are used under this contract. except for its own internal use. the contractor/grantee shall not publish or reproduce any data/infonnation. in whole or part. that is recorded in any form or medium whatsoever and that is delivered or specified 10 be delivered under this contract. nor may it authorize or pennit others 10 do so. without the written consent of the federal government. through the State. until such time as the state/federal government may have released such data/information to the public . A authorized by 49 C.F.R . 18 .34. the federal government. through the State . re se r.·e s a royalty free no nexclusive . and irrevocable license 10 reproduce . publi s h or O!herwise u se. and 10 authonzc the State and others to use : a) any work developed under this contract or a res ult m third party contract irrespective of whether it is copyrighted : and b) any nghts of copyright 10 which a contractor/grantee. subrecipient. or third party contractor purchases o wners hip with federa l as sistance. The State also reserves an identical license for its use . C. Patent Rieht s . If any invention . improvement. or di covery of the contractor/grantee or an y of its subcontractors or subgrantees is conceived or first actuall~ reduced 10 pract ic e in the course of or under this contract work. and if such i patentable . the contractor/grantee shall noufy the State immediate!) and provide a detailed wntten report. The rights and responsibilities of the contractor/grantee. third party contractors. and the State with respect to such invention. improvement. or discovery will be detennined m ac co rdance with applicable s tate (and/or. if federal funds arc used under thi s c ontract. federal ) laws and regulations in existence on the date of execution of this contract which define contractor title. rieht to elect title. state/federal government .. march in .. rights. and the scope of the state/federal government's right to a nonexclusive. irrevocable . paid-up license to use the subject invention for its own. The contractor/grantee shall include the requirements of thi s paragraph in its third party contracts for the perfonnance of the work under this contract. 19 . APPLICABLE LAW . T ht' GRAVTEE'C o ntra ctor ,ha ll at all u me s during the execut io n of thi s contmct ~tn riv adh.:rc to . and comph wah. all applicab le fedc rJ I and ,1:tt c la w~. and thei r implementmg re!!ltl.m on . a.~ t he, currcnth eu t :ind ma v herc:1f1e~ ti.: amended. which arc incorporated herein hv thi s re fc:rencc: a; term JllU cond11 1011> of th,, c ontrnct. The contractor s hall also reauirc: compliance w11 h these \(;!!Ute ~ and rc2:ulatt a n, in ub!.!f:mt Contraet~ JJ<::llllttteu under thi s contrnct. A Ii ~ting of frde ra l law~ that ,ro, he .i rpl, :ihlc . denend1t1!! on the GR.AJ'\'TEE/C ontractor work re~pon~ibiliri e-s under 1h1 , contract, are de,.:nbed tn ADDE'.\/DL "\! .·\. 8 • • 0 I • 0 - • • • • ,,... . • ... • - 20. Changes (Grants/Subgrants) The State may prospectively increase or decrease the amount payable under this contract through a "Change Order Letter," approved by the State Controller or his designee. in the form attached hereto as Exhibit I, subject to the following conditions : A. The Change Order Letter ("Letter") shall include the following : (i ) Identification of contract by contract number and affected paragraph number(s); (ii) Types of services or programs increased or decreased and the new (iii) level of each service or program: (iv ) Amount of the increase or decrease in the level of funding for each service or program and the total ; (v) Intended effective date of the funding change : (vi) A provision stating that the Change shall not be valid until approved by the State Controller or such ass istant :i.s he ma y designate: B. Upon proper execution and approval. such letter shall beco me an am end me nt to this contract and. except for the general terms and condi11on s and Spe cial Provisions of the contract . the letter shall supersede the contract in the e vent o f a conflict between the two . It is understood and agreed that the lette r may be used only for increased or decreased funding. and corresponding adj ustment s to ervice levels and any budget line items . C. If the contractor agrees to and accepts the change . the contractor shall execute and return the letter to the State by the date indicated in the letter . In the event the contractor does not accept the change . or fails to timely return the executed letter. the State may . upon notice to contractor. terminate this contract effective at any time after twenty (20 ) days following the return deadline specified in the letter. Such notice shall specify the effective date of termination . In the event of termination, the parties shall not be relieved of their obligations up to the effective date of termination . D . Increases or decreases in the level of contractual funding made through the letter process during 'the term of this contract may be made under the following circumstances : (i) (ii) (iii) (iv) (v) (vi) If necessary to fully utilize Colorado State appropriations a.nd/or non- appropriated federal grant awards . Adjustments to reflect current year expenditures. Supplemental appropriations or non-appropriated federal funding changes resulting in an increase or decrease in the amounts originally budgeted and available for the purposes of this program . Closure of programs and/or termination of related contracts . Delay or difficulty in implementing new programs or services . Other special circumstances as deemed appropriate by the State. 9 • ~ • ) I • 0 - • • • .. • --· • .r. .. • -... 21. Options: Additional Services/Performance Extensi on A . The State may increase the quantity of services called for in [paragraph_] [the schedule J [Exhibit 2] at the un it price specified therein . 1) The Swc may exercise the option by written notice to the contractor deposited in the mail not later than __ days prior to the expiration of the contract, using a form substantially equivalent to Exhibit 2 . 2) Performance of the added services shall continue at the same rate and under the same terms as the like items called for under the contract . 3) Financial obligations of the State of Colorado payable after the cUJTellt fiscal year are contingent upon funds for that purpose being approprialed. budgeted, and otherwise made available . B. The Staie may also require continued performance for a period of [one ye ar] of any services within the limits and at the rates specified in the contract. I ) The State may exercise the option by written notice to the contractor deposited in the mail before the end of the performan ce pe riod of the contract using a form substantially equivalent to Exhibit :2. 2) If the State exercises this option . the extended c ontract shal l be considered to include this option provision. The total duration of th is contract. including the exercise of an y options under th is cl au se. shall not exceed five (5) years. 3) Financial obligations of the State of Colorad o payable after the current fiscal year are contingent upon funds for that purpose be ing appropriated, budgeted. and otherwise made available . 22. The Special Provisions attached hereto are hereby made a part hereo f. 10 , ' ~ \ ' . ) I • 0 3 I • • .. ~ -· • ' . .. .. • -.. " IN WITNESS WHEREOF, the parties hereto have caused the foregoing Contract to be executed by their duly authorized officers the day and year first above wrinen. ATIBST Chief Clerk Transportation Department ATIEST By----,.-,--------- wucrishia A. Ellis Tide City CJ erk STA TE OF COLORADO Bil.L OWENS, GOVERNOR FOR THE EXECFI1VE DIRECTOR COLORADO DEPARTMENT OF CITY OF ENGLEWOOD ENGLEWOOD POLICE DEPARTME NT By~~----LJ~u...:.z~:::...::....:::~ Olri:'.::lsoa 11 Title __ ___i,_Ll.u.,iL:~"""'-.. o:'-'~"------- Di rector of Safety Services APPROVALS ARnruR L . BARNHART Swe Controller By ___________ _ GEORGE MCCULLAR. CONTROlLER II KEN SALAZAR Attorney General By ________ _ GREGORY JAMIESON Department of Transportation Assistant Attorney General Civil Litigation Section ,_ ., ' ' ) I . 0 • • ------------------------.,---~------------------------ • -· • • - ADOE:\OL\I <\: FEOER.\L REO l lRE:\IE'.\TS Federal la" and regulati on, that ma,· he applicable to th e Work include: A. 11,e 'Tniform .-\dminbtrati,·e Requirement~ for GrJnL~ and Coo perathc Contract!. to State and Local Go\'crnmcnt~ 1C ommon Ruic !. at .i9 Code of Federal Regulatio ns. Part HI. except to the extent that other applicable federal rcguiremenL< ri ncluding the pro,·is ion s of 23 CFR Pans 172 or 633 or 635 • see below , arc more speci fic than pro,·i,ions of Part 18 and thcrcfon· <uper.cdc <uch Part Ill pro,·is i•ms. The n :yuircmcnL< of .i9 C FR I ti include. without limitation : 1l the Local Agenn·/Contractor <hall follo"· applicable proc urement pn•cedures. as rl'guired b1 ~ction 18 .361d l : 2 1 the Lo,:al Agem·\'/Contntl'lor sh a ll rcyues l and obtain prior COOT apnro"al of changes to an" ~uhcontracL• in the manner. and to the extent r eq uired In. applicable pro•ision• of <ection 18 .30 : .1 1 thl' Local Agcnc,/Co ntractor •hall c·omph with ,cction JS.3i conce rning :m,· s ubgranl!: .i 1 IO expedite a"' CIJOT appro,al. th e Loca l .\;:cnc,/Co ntrac to r·, a tl o rn c,·. nr other authori1cd reprcscntati,c. ,hall al-., ,uhmit a letter tn COOT Cl'r tih·in;: Local Agenn/Contractor compliance with <ection 18 .. 10 change nrd er procedurt'<. and with 18.Jtil d ) procurement pro.-c durl.'S. and" ith I N.37 ,ubgrant p rocedure,,. as applicabk: ~) the Local A;:<'nl'.I /Contrac tor ,hall in co rporal<' th e •p,·ci lic co ntract pro,·i,ions desc ribed in J 8.361i1 1" hi ch are al•n deem ed incorporated herein , into am <uhco ntractt <l for ,uch "·n ·icc, a, term, and condition< ,..f tho,,• ~uhcontra,·ts. B. Ext'rutil·e O rder I l::?~6 of Se ptemher z.i. I'll\~ e ntitled "Equal Emplo,·m e nt Opponunit,·." as amended I" Exccuthc O rd er 11375 of Octohcr 13. 191\i and a , supplemenled in llepartment of La hor r e;:ulation~ 1.i I CFR Chaplt'r 60 1 I These pro,isions appl~· lo all co n~truction conlracL• a"arded in C)l.eess of "i JO .llOO h, grantee~ and th eir contraclor., or ,uh;:r:mt l'e, 1. C. The Copeland "..\.nti-Kickhack" . .\ct (18 l.S.C. 87.i ) a• s upplement ed in Department of Lahor rc;:ul:.tion~ 129 CFR Part 3 1 1These provisions apply to all co ntrac t, and uhgrants for construction or repair ). D. The Da,·i•-Ha,·on Act 140 l.S.C. 271\a to a-71 as s uppleme nted h\' Dep:1nmcnt of Lahor regulations (29 CFR Part 5 1 (These provisions apply to con!'lruction contract< in excess of $2.000 awarded b1· grantees and subgrantces when required hi' FcdcrJI grant program legislation. This act requires that all lahorers and mechanics cmplo.-cd hv contractors or sub-contractors 10 work on construction project~ financed b1· federal a~sistanee must he paid "ages no! less than those cstahlishcd for the locali11· of the projec t b,· the Sccrctan-of !d!!!!.!1 E . Sections 103 and 107 of the Contract Work Hours and Safct,· Standards ..\ct 1-'0 C.:.S.C. 327-330\ as supplemented h,· Department of Lahor regulations (:!'.I CFR Part 5). (These provisions apply lo construction contracts awarded b1• grantees and subgrantees in excess of S2.()(l(I. and in excess of $2.500 for other contracL< "hich inl'ohe the cmplo,·mcnt of mechanks or lahorers l. I~ • ) I • 0 ------.-------------·-------:-------~--~----- - • • -• ,. . • 0 - F. Standards. order.,. nr rt.'yuin,mcnts issued under section 306 of the C kar -\ir -\ct 1,t: LS.C. 1857111 ). section 508 of the Clean Water ..\l·t /33 C.S .C. 13611l. F.xecuthe Order J 1738. and [n,·ironmcntal Protection -\gene,· regulation~ 140 C FR Pan 15 ) •contract;,. suhcontract,. and suhgrant, of amount, in excess of S 100.000 1. G. l\landaton standard. and policies relating to cncrg,, cfficiencv which are contained in the <talc cncrg,· conservation plan is sued in rnmplianc ... with the Encrg, P11 liC\ and Consenation . .\ct /Pub. L. 94-163 !. H. Otlicc of \tanagem1:nt and Hudgct Circulars ..\-8i . ..\-21 or . .\-122. and .\-102 or .\-1 JO. whiche,·er is applicable. I. The Hatch ..\ct 15 l 'SC 1501-1508 1 and Public I.aw \15-454 St>ction 4i2S. Thesl' <tatntl'< state that federal funds cannot he used for partisan political purposes of an,· kind h, an,· person or organi7.ation invoh·ed in the administration ,,f fcdcrallv-a<si,tcd program,. J. 42 l 'SC 6101 et se q. 41 L'SC 2000d. 29 CSC 7Q4. and implementing regulation. 45 C.F.R. Pan 80 ct. ,cg .. l11e se ans reyuire that no perso n s hall. on the ground, of race . co lnr. national origin. age. or handk;ip . he exduclt>d from 11articipati o n in or he subj ected to discrimination in an, progr:1111 or ;icti, it,· funded . in whole or p.irt. h, federal fund s: K. The American< "ith Oi s ahilitics .-\ct 1Publi c La" 101.:;31,, 41 LSC 12101. 12102. 12111- 12117. 11131-12134. 12141-11150 . 12161-11165. 12181-1118\1. J:101-12213 4i LS C ::s .ind 47 l·sc 611. L. Thl' l'niform Relocation -h <i-tancc and l<cal l'roperr, .\cguis irion Pnlidc~ ,\ct. a, amended l l'uhlk La" \11-(>46 . a< amended and Public l.;i" 1110-1 7. 101 Stat. :.i6-251l ,. rThis statute applies if th e contractor is a cquirin;;: r e al prope n, and di placin;;: hou~c hold, !l r busincssc~ in the pcrformann· of thi s co ntrao.:t .1 !\I. The Orui;:-Frct' Workplace ..\ct •Puhlic L:i" IM-li90 Title,·. ~uhtitl e D. JI L c -0 1 ct seg.1. !". The ..\ge Di sc rimination .-\ct of 19 75. 4:? C.S.C. Section. 6101 et. ~eq . and its implementing regulation. 45 C.F.R. !'art 91: Section 504 of' th e Rchahilitation -\ct of I <1 73. :?9 C.S .C. 7<14. as amended . and implementing regulation 45 C.F .R. Pan S4. 0. :?3 C.F.R. Pan 172 . concerning "..\dministr:ttion of Engineering and Design Rdatcd Contract! ". If Engineering and Dl'~ign work is to be performed under this contract. GRANTEE shall obtain from COOT and complv with CDOT"s "PROCEDURES TO IMPLEMENT FEDERAL-AlD PROJECT CONTRACTS WITH PROFESSIONAL CONSUL TANT SERVICES"' P. 23 C.F.R Part 633. concerning "Required Contr:ict Pr11\'ision~ for Federal-Aid Construction Contracts". Jr Construction work is to be performed under this contract. GRANTEE shall obtain from COOT and com pl\' with FHW A F onn-1273. O. 23 C.F.R. Par! 635 . concerning "Construction and ,taintenance Pro,·isions ". 13 • ) I • 0 • • • SAJ\fPLE CHANGE ORDER LETTER IN GRANT/SUBGRANT CONTRACT Exhibit l_ Date : ----------- State Fiscal Year 2000-200_ Change Order Letter No. __ _ In accordance with Paragraph __ of contract routing number ---------,"'"'""' between the State of Colorado Department of Division) and [Contractor] covering the period of July 1. 1999 through June 30, 2000 the undersigned asree that the maximum amount payable by the State for eligible services in Paragraph is (increased/decreased) by($ amount of change) to a new total of ($_). The first sentence in Paragraph _is hereby modified accordingly . The services affected by this (increased/decreased) are modified as follows : The Budget is revised accordingly , as set fonh in the Re vised Budget. Attachment_, attached and incorporated herein by reference. This amendment to the contract is intended to be effective as of , but in no event shall it be deemed valid until it shall have been approved bv the State Controller or such ass istant as he mav desjgnate . Please sign, date, and return all copies of this letter on or before ------19_ Contractor N ame : By : Name---------- Title _________ _ Transponation ___ _ APPROVALS : By: For :::::_:_:_:_-=o'"'i-vi,-s""io_n ___ _ State of Colorado: Bill Owen s, Governor B y : ________ _ For the Executi ve Director Colorado Depanment of FOR THE ST A TE CONTROLLER Anhur L. Barnhart By : --=----,,,,--.....,.,.--=--,--- State Controller or Designee 14 , . . ' • 0 I • 0 • • • . .. . ·.•· • • -.. SAMPLEOPTIONEXERCffiELETfER Exhibit2 __ Date: ----------- TO: [Contractor] [Address] SUBJ: Option Exercise Letter .. In accordance with Paragraph __ of contract routing number--· between the State of Colorado Dcpanmcnt of division) and [Contractor] covering the period of July 1, 1999 through June 30, 2000 the State hereby exercises the option for (additional services, as specifically described in Attachment) and/or [an additional one year's performance period at the (cost) (price ) specified in paragraph_.] The maximum amount payable by the State in Paragraph_ is (increased/decreased) by ($ amount of change) to a new total of (L_). The first sentence in Paragraph_ is hereby modified accordingly . State of Colorado: Bill Owens, Governor For the Executive Director Colorado Department of __ Title APPROVALS : By : For ::::::::::::::-=o"'"iVl""'·"""si'""o_n_ FOR TiiE STA TE CONTROLLER Arthur L. Barnhart By:.,.,...._,=--,------ State Controller or Ocsignee 15 • ,, .. .. I • 0 3 • • ~ --• .. .. • • " Colorado Department of Transportation Contract Objective Plan Slate Program : Public Ways I Contracting Agency: Englewood Police Department Slate Sub-Program : T ransponabOn Safety I Protect Cooroonator. Director Chns Olson PrtJIJlem Solution Plan : Police T ralfic Services I Contract Period : Effective Date through September 30. 2000 Project#: tn-c:9\ I HSP # 00-02 I Task• 21-02 oa,ective: To reduce traffic crashes by 1 oo,;, at five high hazard locations, to respond in a proactive manner to traffic concerns and complaints from citizens and other entities within the community, to establish collaborative relationships with other pub li c and private persons/groups having impact or influence on traffic safety issues such as the Speed Watch coordinator, the Neighborhood Watch coordinator. traffic engineering department, school health and safety committee , private citizens and businesses through September 30, 2000. Task At,tivilv # ActiVlty Descnption 21-02 .1 21-02 .2 21-02 .3 21-02 .4 21-02 .5 On a quaneny basis, reVl8w traffic crash . v,olahon and citizen comp laint data and select five high hazard locat ions for selective traffic enforcement th rough September 30 . 2000 . Deploy a three person traffic unit for a comprehens ive traffic program including enforcement, education and eng ineering to reduce crashes at the top live locauons by 10% th roug h September 30 . 2000. Solicit and respond to community concerns or comp laints rega rding tr affic safety iss ues . a.nalyze prob lems for underlying causes and develop comprehens ive long term solution:; to these identified problems th rough Septembe r 30, 2000. Sponsor or attend a m1n1mum of one community activity or event through Se ptemb er 30. 2000 Coordin ate with tne Neighborhood Watch Program and the Speed Watch Program through September 30 . 2000 Submit quarter1y reports b y April 20 , July 20, and October 20 , 2000 and a final report and final claim for costs incurred by Novembe r 15, 2000 . Claims will not be paid unless quarterly and final reports are receiv ed . -. Prevtous editioas.,. obsolete 111d ma y DOI be used . COOT Form # l t 06 7/92 AltlCluncnt A. page I of 3 ' 4 ., ,,; ~ . . l ' . ) I • 0 X J ,. , .. ,,,.-· • , .. ~' f • -' Colorado Department of Transportation Contract Evaluation Data Pro,ec:t •: C::0-6<\ I HSP• 00-02 I Task• 21 ·02 Task Type of Report Activitv Evaluation Oescriolion Evaluation Time Frame 21-()2 .1 Provide data analysis used lo select the five locallOnS for enforcement programs. Describe participation of the trallic Performance Quarterly/Final engineers and include a summary of crashes , violations/citations and citizen complaints . 21-02.2 Provide a summary of hours worked by location , the number and Impact Quarterly/Final causes of crashes al each location and the number and type of Citations issued . 21-02.3 Provide a description of the process for soliciting input from the Performance Quarterl y/Final community, describe long tenn solutions implemented 10 address identified problems and the impact of these solutions on both crashes and community perceptions. 21-02.4 Describe the community events attended , the ro le of the Police Performance Quarte rtyi F ina l Department and the number of people reached . Provide copies of materials which were developed and distributed for Iha events. Describe coordinated activities with other traffic safety programs or 1nrtiatives . Provide copies of print media coverage of these events . 21·02.S Provide quarterly and final report and claims for costs incurred by Performance/I mp act Q uarte rly/F inal deadline dates . . ~ Previous edilicm.,. obsotcu, and ma y no< be used. COOT Form 1110; D,. ~ fllCr An.achmen1\_ '-· page~ of__ , • • .. .. ) I • C, I • .. ;---------~------~-~ .. Colorado Department of Transportation Contract Financial Budget Budget Allocation For HSP# Cost Category OTS Persona l Services S 64 .798 Operating Expenses Travel Expenses Capital Equ1oment Other Totals S 64,798 Distribut ion of OTS Funds (Benefit of): States Budget Allocation For HSP# Cost Category I OTS Personal Services Operating Expenses Trave l Expenses Capita l Equ ipmen t Other Totals D1str ibu11on of OTS Funds (Benefit of): State$ Budget Allocation For HSP# Cost Category OTS Persona l Services s Operat ing Expenses s Travel Expenses s .. Capit al Equ ipment $ Other s Totals s Distribution of OTS Funds (Benefit of): State$ Total Budget OTS $64 ,798 ,,.. . • '· • - Project #~· oq Task# Agency Total $129 ,596 $194 ,394 3,720 3 ,720 I $133.3 16 s 1ee .1 4 Loca l $ 64 .i98 Task# I Agency Total I I Local s Task# Agency Total s s s s s $ s s s s s s Local$ Agency Total $133 .316 $198,1 14 Pn,Yious ediuons arc obsolelc and ma y not be used. COOT Fenn # I I 08 ~ ~ Anachmcnt _, page~ of~ • • _________ ""!'!"'"' ________ _ 0 I . 0 • • -.....--------~-------------~--------,. -~ . • • - SPECIAL PROVISIONS CO:O,.TROLU:R·s APPROVAL I . This con=: shalJ not be deemed valid until it shall have beell approved by lhe Conirollcr of the Swe of Colorado or such assisunt as he may dcs1g!l31e . This provision IS applic:u,l e 10 ani· con:na 1t1volv1ng the payment of money by the Swc. FUND A Y AIUBILffi' 2. f"uianc:w obhgauons oi:be Swe of Colorado payable ,i:er th e cu.-rent (isc:,J ye:it OR continge:it upon funds for that pur?<)se being appropr.ated. budge~. >nd otherwise made avai laole. BOND REQUIRL\fl::',1 3. lftlus cona-xt involves the ?ayment of more than fifty thousand dollar, for the constniction. :rea:on. repair. maintenance. or improvement oi any building, road. bridge. vtadua. amnel exQVICOn or olhcr public wori< for this State, the corunaor shall before entering upon the ;,e:-foroance of any such work included iD 1111s cor11na. duly execute and deliver to the Swc offic:ial who will sig11 lhe conna. a good and sufficient bond or othe,-acc:cpt.lble sure,y 10 be approved by said offical in a penal sum not less tllm one-half of the tow amount payable by tbe terms of this conaac:t. Such bond shall be duly execut.cd by a qualified ~ suruy c:onc!itioacd upon the ia;tllfuJ pe:fomw,ce oftlie contnct and in addition. shall provide tha1 if the con1r.1c-.or or his subcoatr:1c:ors fail to duly pay for any labor. matenw. t~ h~. sustenance. ?rovisi ons. provender or other supplies used or consumed b~· such contnaor or bis subconC"3ctor Ill pe:!omwice of the woric coninc-.ed to be done or fails to pay any person who SU?Plics rent.11 mac:ilinery, tools. or equ 1;,ment Ill the prosecuuon oi :h e woric: the ~ will pay the same u: m amount not exceeding the sum specified in the bond. together with in~ at :b.e rate of eight per :.ent per amiuc. Unics.s such bona is ==. delivered and filed. no cl:um in favor oi the contnc:or ansing Wider such coatr.ict shall be audited. allowed or paid. A ce."ti:ied or cas!ue:-'s c:ieclc: or a bani: :noney order ;,ayable to the T=urer oi the Swe of Colondo may be occepted in lieu oi > bond. This prov1s1o n is in compiiance with CRS jS-26-106. INDE~lFlC..\.llON 4 . To the exte:it authoriz.e:: by law. the conL'3ctor shall ,ndemn,fy, save. and bold liar.,iless the Swe. its =pioyees and ,gents. ilgll!.'lSt ar,:, and all clauns. damaps. liability and cow-: >wards inciudir.g costs. expenses. Jnd attor:iey fees incurred as a result oi any ac:-. or omission by tho conc-:ic:tor. or ,ts employees. >ge:ics. s11bcontr.1c:tors. or us1gnees pw,uant to L,e tefflls of this contr:lc:t. DISCRL\fiNA TION AND AffiR-'lATIVE ACTION 5. The :coinctor agrees to comply with the letter and sp1r.t o f :he Col~ Alllldiscriciinauoo Act of 195 i. as ame:ided. and othe:-appiicab le law respecting discr.:nlDIIJO!l w:I unfair=;,io ymen1 pncticc:s (CRS 24-3-1-102 ). and as l'OIC!W'od by Executive Order. Equal Opporrun1ry and AI1ir,::ative Ac-.:on. dated April 16, 197S . P:ur.u::n t 1h~ruo !itt/ol/owmg ;,rovr.sion.s 1na ll bt con1Dt11td i.n t::11 Slate conzrac:s or S"-lb-co rrua c:;. Dunne the pe:fonunce of l.:lu conu-ac-~ :he contnc:or 31-= as follows : (a) T,e contr.ic:or will not di.s =imuwe :ipinst any employee or :,pplicml for c:mployme:,t bec:wse of race. ~..d. color. aatiooal origin. sex. marital sutus. re ii g:oa. ~·. mental or physical handicap. or qe. The contneer will tai<c aftirmalive action lO insure that applicants OR employed. and that employees an, !%.......:1 dunng empiO)fflellt. without reg,,,, to L"e above menuoned c.'l.w2cunslics. Sud! aaioo shall inciudc. but not be limited to the following : employment upgndjne, demooon. or ,nns:·er. reCN1anent or rec::-uument advenisings; lay-offs or ienninatiocs: razes of pay or other forms oi compensauoo; and selection for =,ag, inclucing aopre,it:ceship . The coocrac:or ~.s to post ID <XITISpiCUO<IS places. available to employees and applie.1nts for employmeot. noticc:s to be provided by :.~e contnc-.mg ol1ia:r serunc forth provisions o f this non-<iiscriminalion clause. (b) The cocunctor will. in all so liciWlons or advertisemena for employees placzd by or oo behalf of the contnc:or. suic that all qualified applic;,nts will receive c:i!IS1der.ition for employment without reg:itd to race. creed. color, national oricin. sex. :nariw saws, religion. ancc:suy, mental or physical handicap, or •ge. (c) rne contnctor will send to eac~ labor union or representative of woricers with which be has a collective bar-gallllllg acre=ent or othe,-conaact or und=unding, notice to be provided b y the conuxung officer, advising the labor union or woricers' represeotative of the contnc:to(s commicnent under the Executive Order, Equal Opporruniry and AITmna1ive Action. daled April 16, 1975 , and of the rules, n,gul.uioris. and re levant Orders of the Governor. (d) rne contnc:or and labor unioris will furnish all infonnation and repons requimi by Executive Order. Equal Oppomu,ity and Aifinnative Action oi Apnl 16 , I 975. and by the rules. regulatioris and Orders of the Governor. or pummit tbcn:to. and will pe:mit access to hu books. recor:is. and accounts by the con=ing agency and tile office of the Governor or his dcs1tp1« for purposes of investigation 10 asceruin compliance with sue.~ rules. regulauoris and orders. (c) A labor o,pnization will not exclude .,y individual odlerwise qualified from lull membership rights in such labor orpnlUtlon. or expel any suc:il individual from membership in such la bor o,pnizauon or disaimuwe agllnS! any of iu members"' the full enjoyment of woric: opponun1ry because o f race. ctted. color, sex. nauonal origin, or ancestry (0 A labor organization. or the employees or memben thereof will nOI aid. abet. incite. compel or coerc.e the c o ,ng o f 1,.-,y act defined Ill !his contnct to be discnminaloty or obslrua or pn:vent .,y pe,mn liom comply mg w,d, the pn,visions of this con tr.let or any order ISSlled therewider; or attemp~ either direct! Y or indirectly, to commit any act defined in dus con1r1ct to be discriminalocy. (J) In the event of the contnctor1 non<aenpliaacc with the non-<iisaimino&ion clauses of this COlllrXl or with an y o f such rules, regulations. or orders, this CllllllnlCl may be canceled, t.emurwed or suspended in whole or in pan and the COCllnClor may be dec:lanid incl icible for fur.lier Swc contnas in accordance widl prnc.cdwa. audlorized in E.ua,uve Order. Equal Opponuniry lllld AITarmauve ACbOCI of Apnl 16, I 975 and the rules. regulauoris. or onion promulgated Fonn S-AC.023 (0£~060197) it.~:.cd ~'>t i? .. • . ' Pace_,_ of __ -_ p.age, • ) I • 0 ] • • RESOLUTION NO. -~ SERIES OF 2000 '. .. • ,,.-·· • • - .. .. /QC. I A RESOLUTION AUTHORIZI NG THE SOLE SOURCE P URCHASE OF VARIABLE FREQUENCY DRIVE A.t\/D AMP SURGE SUPPRESSOR FOR THE u:-..rioN AVE'.\TUE PUMP STATION INSTEAD OF THE COMPETITIVE BID PROCESS UNDER SECTI ON 116 (b) OF THE HOME RULE CHARTER AND SECTION -1-1-3 OF THE ENGLEWOOD MUNICIPAL CODE 1985. WHEREAS , the City Council approved the purchase of variable frequen cy drive units for the Allen Filter Plant in November , 1990; a nd WHEREAS , the Union Avenue Pump Station has three 250 hp pumps. on e pump has a soft s tarter for energy savin gs . but is on a fixed speed with the other two motors s haring one variable fre quency drive wluch allows running only on e pump at a time: and WHEREAS. variable speed drives a re nee d ed to m atch the fl ow produced to the fl ow re qw.re d by the pre tre atme nt units ; a nd WHEREAS , t h e Uruon Ave nue Pump Station is the sole water provider fr om the S outh Platte Rive r t o the Alle n Filter Plant, aside from the City Ditch that ca n be use d only in the s ummer; a nd \\ HEREAS. the new co n struction at the Allen Filter Pla nt h as made tlu e ve n more cnucal : the North Reservoir will be out of service for an e xte nde d period of time fo r cle arung and maintenance and afte r maintenance is completed the North Reservoir will onl y be use d a s an e m ergen cy water s upply ; a nd WHEREAS , the amp surge s uppressor will be reqwred to prevent the pe ri odi c power s urges at U nion Avenue and will protect the integrity of t h e drive : and WHEREAS . Ryall Electric is the r eco mmended sole -source s upphe r a nd ha p r ovided a written statement that it is the sole s upplier and t h e quote d price 1s the lowest a va il abl e : and WHEREAS , R yall Electric will be available in an e m erge n cy , t e chrucal s upport a nd parts would be available in 24 h ours from their Golde n , Colorado Office ; a nd WHEREAS , the Englewood Utilities Departm ent h as previous ly purchased 12 VFD drives from Ryall Electric a nd found t h e e quipme nt to be satisfactory with exemp lary service from both the local supplier and the corpor a t e headquarte r s; and WHEREAS , Section 116 (b) of the Englewood Home Rule Charter a nd Section 4-1-3-1 , Englewood Municipal Code 1985, allow contracts for public works or improve ments to be negotiated , provided that contracts for which no competitive bids have been requested have been approved by resolution which shall declare the reason for exception to the co mpetitive bidding requirement; • .. ) I • 0 • • ., .,,. .. ; < .. ,; :-· :.t.·~~ .. Equipment List Item Product ID Dncription --. - Device ID Qty Delivffry Ship wr : Discount 1331F-a250-AA-EN~1-LI~ Drive.AC.Adjustable Frequency.250 HP.325 A.J8o-&60V AC 1 NIA 20 2 LEC SB22~-3~ 320,000 Amp Surge capacity TVSS NIA Total Weight 0.000 kg (NOTE : Total weight excludes items mar1ced N/A) Gnand Total (US): Rockwell Automation I Allen-Brlldley . .; ---~· -. .i./~. ,.:~ 'l -• • Extendffd Net S 25 .178.40 $ 4.830.00 $30,008.40 ) I • February }, zoo.q. - • • -• ,. --· • 1 : ' • - REQlOO.DEPT PURCHASE REQUISITION ENTRY 02-08-2000 01) 02) 04) 06) 07) 08) 09) 1 2 3 4 10) 11) 12) 13) 14) 1 REQUISITION NUMBER 27551 REQ TOTAL 30,112.40 DESCRIPTION VFD & Surge unit for River DEPT 0902 POWER & PUMPING 03) DATE NEEDED CONTACT DON COATMAN 05 J PHONE SOURCE 1 RYALL ELEC. ATT.Tony Porter Ph. 303-629-3123 SOURCE 2 SOURCE 3 QTY UNIT STOCK# 1 ea 1 EA DESCRIPTION l336F-B2SO-AA-EN-HA1-L6-LA4 LEC SB22-48-3D-C Surge sup. 1 ea 1201-DMA HIM connector 1 ea 1202-C30 HIM COMMENTS VFD,Surge suppressor for River, Per Quote DELIVER NAME DON COATMAN DELIVER DEPT POWER & PUMPING DELIVER ADDR 1500 W LAYTON AVE PRICE 25,178 .40 4,830.00 31. 00 73.00 03-10-2000 6825 AMOUNT 25,178.40 4,830.00 31. 00 73 . 00 ACCOUNT# TITLE % Oje2445 11 OPERATING MACHINERY & EQU 100.00 AMOUNT APPROVED 30,112.4 0 09-01 Ref#(r.n ), '.:lu'P R'ove, 'CANCEL', 'M:,-!I C' to dup l icate, <Ret ..i r n> t o f ile ..... . dc oatman !SNOT ALLOWED TO APPROVE THIS REQUISI TION .. - ' ' • ., .. ) I • 0 • • -. ,,--• • ·,· • - COUNCIL COMMUNICATION Date Agenda Item February 22 , 2000 10 C i .. Subject Variable Frequency Drive for Union Ave . Pump Stati on INmATED BY Utilities Department STAFF SOURCE Stewart H. Fonda, Director of Utilities COUNCIL GOAL AND PREVIOUS COUNCIL ACTION Council approved purchase of variable frequency drive units for the Allen Filter Pla nt on No ve mber 5, 1990. RECOMMENDED ACTION The Utilities Department staff recommends Council approval by Resolution for the pu rchase of a variable frequency drive and amp surge suppressor from Ryal Electric in the am oun t of S30, 112.40 . BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The Union Avenue Pump Station has three 250 hp pumps . One pump has a soft starter for energy savings, but is on a fixed speed . The other two motors share one variable frequency drive that allows running only one pump at a time . Variable speed drives are needed to match the flo w produced to the flow required by the pretreatment units . The Un ion Avenue Pump Station is the sole water provider from the S . Platte River to the Allen Filter Plant. aside from the City Ditch th at ca n be used only in the summer. This is made even more critical because of the new construction at the Allen Plant : the North Reservoir will be out of service for an extended period of time fo r cle an ing and maintenance . Even after maintenance is completed , the North Reservoir will only be used as an emergency water supply . The amp surge suppressor will be requ ired for the perio dic power su rges at Union Ave from Pub lic Service and will protect the integ rity of the drive . FINANCIAL IMPACT The suggested supplier, Ryal! Electric is recommended as a sole-source supplier in the amount of $30,112 .40. Ryal! Electric has prov ided a written statement that they are the so le su ppl ie r and the quoted price is the lowest ava il able . They will not be selling the same equipment to anyone else (like a sub-contractor) at a cheaper price . We have previously purchased 12 VFD drives f ro m this supplier and found the equipment to be satisfactory with exemplary service from both the local supplier and the corporate headquarters . In an emergency, technical support and parts would be availabl e in 24 hours from their Golden office . LIST OF ATTACHMENTS Proposed Resolution Purchase Requisition Entry and Equipment List from Allen Bradley (Ryal! Electric , supplier) ., I • 0 • • • .. • - NOW , THEREFORE , BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD , COLORADO, THAT : Sectjon 1. The Englewood Department of Utilities is hereby authorized to negotiate a contract for a variable frequency drive for the Union Avenue Pump Station in an amount n ot to exceed $30 ,112.40, in lieu of the competitive bid process as allowed by Section 116 (b ) of the Englewood Home Rule Charter and Section 4-1-3-1 , Englewood Municipal Code 1985 . Sectjon 2. The City Manager is hereby authorized to enter into a contract for the variable frequency drive for Union Avenue Pump Station indicating Ryall Electric as the sole source supplier. ADOPTED AND APPROVED tlus 22nd of February, 2000 . Thomas J . Burns , Mayor ATTEST: Loucrishia A. Ellis, City Clerk I , Loucrishia A. Ellis , City Clerk for the City of Englewood, Colorado, hereby certify the above is a true copy of Resolution No .~ Series of 2000. Loucrishia A. Ellis ' . ., . .. ) I • 0 x I - • • • -· • • -.. COUNCIL COMMUNICATION Date : Agenda Item : February 22, 2000 10 C ii Initiated By : Staff Source : ,, Subject: Purchase of Two Trucks for Parks De artment Department of Parks and Recreation Jerrell Black, Director of Parks and Recreation Dave Lee, Mana er of O en S ace COUNCL GOAL AND PREVIOUS COUNCIL ACTION Council has previously approved vehicles , for use by the Parks Department, as part of the normal fleet rotation under the Capital Equipment Replacement Fund . RECOMMENDED ACTION Staff recommends that City Council award, by motion, a bid to purchase two 2000 GMC utility trucks from King Chamberlain GMC of Loveland , Colorado under the State Fleet Management program . BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The two trucks will replace existing 1992 utility trucks that are due for replacement in 2000 . FINANCIAL IMPACT Funds were approved in the 2000 Capital Equipment Replacement budget for the purchase of the vehicles . Total cost for both utility trucks is $45,071.00 . LIST OF ATTACHMENTS Summary Specification Sheet for New Vehicles Memorandum • " ' \ e,C Ii I· 0 - • • • ,, ---• ,. }~ • - MEMORANDUM To: Dave Lee. Manager of Open Sp1CC Fnm: Pat White. Fleet Adminisaator ?R lJ Date: Jamwy27,2000 S.bject:Vchicle purc:bascs. 2000 .. .. Two vehicles arc being rcplaccd in Parts (0280) tha will be in excess ofS20.000.00 and will oml council approval . One \'Chicle. unit ~171-a 1992 GMC one too utility , will be replaced with a model year 2000 GMC one too uti1ily with a cost of'S22.798.00. The second vchicle being rcplac;ed is unit S172-a 1992 GMC one ton Slake truck with a lift gate. The rcplac:ement will be a model year 2000 GMC one ton Slake truck with a lift gale with a cost of $22.273 .00 . Bodi of tbe rcplaccmenls will be equipped with automatic transmissions and air conditioning. These vehicles arc both CERF vehicles and tbc funds arc available and budgeted. If you need any further information. please feel f'nlc to contact me . '· . ,,· ., .. ) I • 0 3 - • • .. ~ -· • 1•. ~-I ... >I' • -... SERVICENTER GARAGE SUMMARY SPECIFICATION SHEET FOR NEW VEHICLES STATE AWARD @) NO IF YES , AWARD# 0]048 Y Y '/J.4 M MANUFACTURER OF VEHICLE G.!:ic. MODEL OF VEHICLE Slt=BRA-JC ~l(){)3 -(.[TILL['{ BOD"/ AIR CONDITIONING @) NO AUTOMATIC TRANSMISSION ® NO POWER WINDOWS YES §) POWER DOOR LOCKS YES (§) 4 WHEEL DRIVE YES © ALTERNATIVE FUEL OPTION YES ~ C E R F REPLACEMENT ~ NO NEW ADDITION TO FLEET YES @) DEPARTMENT VEHICLE ASSIGNED TO OJto -J?ti8K5 COMMENTS : 'Re0Jc£s l.lKJtT :TL7/ 1 8 J qq)._ QNE TDAJ £iTtLJN; CERF J<.EPl-AcF MEAJT 0£ THIS LJcHtcLE f/flS 'BEEP lJP/JROOtD LA2 ~ BuiUT.' ,, .. ~ ' . ' ) I • 0 I • • ---. ,. .,... • •·.,,, • - SERVICENTER GARAGE SUMMARY SPECIFICATION SHEET FOR NEW VEHICLES STATE AWARD .Sf!§> IF YES , AWARD# 070H8 Y'IYJ4 t1 NO MANUFACTURER OF VEHICLE _c;_M~<-------- ... MODEL OF VEHICLE 5,ERRA K. 3t003 . STAKE ihRY w/LtFT6AT£ AIR CONDITIONING @) NO AUTOMATIC TRANSMISSION @ NO POWER WINDOWS YES ~ POWER DOOR LOCKS YES ~ 4 WHEEL DRIVE YES ~ ALTERNATIVE FUEL OPTION YES @ C E R F REPLACEMENT ~ NO NEW ADDITION TO FLEET YES ® DEPARTMENT VEHICLE ASSIGNED TO C/J. BO -MK'S COMMENTS : i1PLA<:ES Ufv{[ 5J7;2.1 ft Jqq;2 ONE 17W SLAKE '&n. G:RF 1?EPbACEM£VT DE T/tl5 OEH-/CJ-E f/As REEN IJPPKooso 11v ~cxx> BUI26£T ' . ., • I ) I . 0 • • • .,,-. • ,. ~,; , . • -.. COUNCIL COMMUNICATION Date Agenda Item Subject: Februa 22, 2000 10 C iii Purchase of Oum Truck INITIATED BY: STAFF SOURCE: De artment of Public Works Ken Ross , Director of Public Works COUNCIL GOAL AND PREVIOUS COUNCIL ACTION No previous Council action . RECOMMENDED ACTION Approve, by motion, the purchase of one Street Operations Division dump truck from Transwest Trucks , Inc. in the amount of $42,528 .00 . BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED 0c ir, Vehicle no . 3243, a 1992 Chevrolet dump truck, is scheduled for replacement in year 2000 through the Capital Equipment Replacement Fund (CERF). Transwest Trucks , Inc . submitted the only technically acceptable bid . The specified stationary grill is required for Public Works functions . All Chevrolet gas fired trucks now come equipped with grills attached to the hoods . The grill , therefore , lifts with the hood . When mounting a snow plow to the front of the vehicle , the grill must be stationary . Transwest Trucks is willing to make the modifications to their vehicles to meet our specifications; Burt Chevrolet is not. FINANCIAL IMPACT Through the State of Colorado bid process, two bids were received . Transwest Trucks , Inc . $42,528 .00 Burt Chevrolet $41,460.71 Funds are available in the CERF to cover the acceptable bid of $42 ,528.00 from Transwest Trucks, Inc. LIST OF ATTACHMENTS Bid Tabulation Sheet Memo from Fleet Administrator Burt Chevrolet Bid Transwest Trucks Bid ., ) I· 0 • ( • • J City of Englewood Bid Tabulation Sheet Bid Opening Date: February 2, 2000 10:00 a.m. Bid Item: Medium Duty Truck Medium Duty Parts Shop Vendor Truck Manual Manual Total Trans-st Trucks $42,528.00 $100.00 $100.00 $42,728 .00 Attention: Hank Frlebus 71121 Brighton Blvd. Commerce City, Co 80022 Burt Chevrolet $41,460.71 $100.00 $100.00 $41,660.71 Attention: Truck Fleet Sales 5200 S . Broadway Englewood, CO 80110 Page 1 0 • • 0 w E,cceptlons : See Note ., ': ........ Yes -See Attached I \ • • 'It ; .. MED DUTY TK TAB • • • ~ .... To: Betty Goosman. Buyer m From: Pat White. Fleet Adminisaator Date: Febnwy 3, 2000 Subject:Bid aw.ud. Mcdimn Duty Truck • • -... MEMORANDUM I would recommend tbat we accept the bid from _Tl'BIISWest Trucks Inc . The lowest bidder. Bun Chevrolet. did not meet the specification of a Slalionary grill and stared that~ could DOI comply . Transwcst did meet all of our specifications and would be the lowest technically acceptable bidder . .. . '> • I I • 0 3 • • -. ITEM NO. 1. 2. 3. • •· .... DE SCRIPT ION MEDIUM DUTY Par~s Man ual Shop Service TOTAL BID • • ' BID PROPOSAL MEDIUM DUTY TRUCK ESTHL:?l.T ED QUANT:TY TR UCKK 1 1 Manual 1 .. BID P'?.!CE $ Lf u-1, o., r I $ t{m (,:) $ Ltm . .w $ 4'.L, (:,f,.O, 7 / Estimated date of deli v er y qo tt w/AT.5'-/5 [MM-<1 c;o tc, o L~ w/~t~'t3G r11~v15 ALL MATERIAL F.O .B . CITY OF ENGLEWOOD IN VOICING TERMS ------~· .... --rn~~~ ~vv4~ .. ~nn 2800 South Platte River Drive Englewood, CO 80110 Nd 10 k:<,14 _,..._ / • .I'"\ ,....,. .,,.. .,vn (Q \,,/ i.,,r,...,..,. EXCEPTI ONS:~-=~::=...._--~~=::,.,,,;,Lf.f,=->-<lJ>-, --"~===' ~-=cJP+-\~~.=..L.>...:c..~---F-'tc-<J.........,,_~_.;;.....:::......-~ BY: 2-/·6?) NAM E (PLE ASE DAE SIGNAT UR E Ctwi+ier<-, ..R <;'f'vc..(c_ SJM TITLE COMPAN Y ADD RESS TE LEPHONE -------~ ) I • 0 - • ,, • • • Exceptions to bid on medium duly truck Vehicle quoted with requested AT545 transmission is rated at 30.000 GVWR. Exception is to add MT643G ba•,ission to bring GVWR to 33,000 -Add 5'1843.00 Bid includes 1st complele PM NrVic:e. Bid includes full• of fllttn and 1 gal . Dextron coolant. .. ) I . 0 3 I J- • • !T:2 ~! NO. l. ;,-2 . " 3. J .... • • - s:J P~o Pos.;..:. ~!:'.:):;:·-~! DCT": T?.:.:G ' ES::~!X:':'.:D ::::sc?.:?::c~ QU AN:::~ ,_,..T ""'. ::--........ -... __ .., .. s /t:JC' - Es t i:na:ec ca:e o: c:e:..:.v e=·; ) :3 0 "?;'.S -1t 1'o1'w.,~ a..'t..L 4 ;, ~ ~- 0 -6'f'Zu.,..--_-12:.-,"""o""'""'"-=---------- -. ALL MAniu;..:. F. 0. B . CITY OF ~G'"~--WCOC rnvo :C!NG :::?.M S S ':: 2800 Sout.~ Platte Ri7er Drive E~qlewooc , CO 80110 :.~.'!5 . 7/ /-~ -,24'1c:: c.:i.:::: ' . • I I· 0 • -------.. • .. • - This bid is in accananc:e with the request far bid and meets the exact reuirements cf City cf Englewccda specific:allcns with ncled excepticns. This bid if accepted will be delivered in acccidance with the reuest far bid . ., .. • I ) I . 0 - • • - • • ,,,.--· • j ... ,. • • ... COUNCIL COMMUNICATION Date Agenda Item Subject : Be neficial Use Ten-Yard Dump Truc k Purc hase February 22. 2000 IO c iv INITIATED BY STAFF SOURCE UE WWTP Supervisory Committee Stu Fo nd a. Utilitie s Direct o r Jirn Tallent -Ope rati o ns Divisio n Manager COUNCIL GOAL AND PREVIOUS COUNCIL ACTION Council approved the capital repl acement of one ten-yard dump truck in the 2000 budget. RECOMMENDED ACTION , .. 0 The action recommended is to approve, by motion , th e purc hase o f o ne . new te n-yard dump truc k fr om Transwest Trucks, Inc . in the amount of $63 ,2 10 .00, which includes reco mm e nded o pti o ns . BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED Ten yard dump trucks are used to transpon grit and deb ri s removed fr om the UE WWTP intluent !l ow . This material is taken to landfill for disposal. These units occasionall y se rve in be nefic ial use, plant mainte nan ce. plant operations and grounds-keeping capacities . This purc hase is being reco mmend ed to re place unit s according lO current vehicle condition, age and the attached replac e me nt sc hedule . Competitive bid s were solicited and the technical evaluatio n and purchase reco mm e ndatio n is attached. FINANCIAL IMPACT The cost of this expenditure will be shared 50/50 by the Cities of Englewood and Littleto n. The bid amount is $3 ,210.00 more than budgeted funds . Fund s are availabl e fo r the additional cos t. LIST OF ATTACHMENTS I . Capital Outlay Request 2. Replacement Schedule 3. Bid Propo sal Tabulation 4. Recommendation for Purchase 5. Technical Evaluation 6. Servicenter Summary Sheet • • ' . • J I • 0 - • j -• .,,-. • I • .. .. • • OPERATING CAPITAL OUTLAY REQUEST ! Dep artm ent or Fund : UE W\VTP j Divi sio n : 11-03--+-+ 131 De scription of equipment or objec t expenditure : 10 ya rd dump truck fo r grit hauling Explanation of ne cce 1ty or benefit of th1 . expendiwre : Scheduled replacement for un it -+'.!8 ( 1991 mode l) Total co ts of placing equipment in full operation : Es umated Cost s Unit Co st Purchase Pri ce 60.000 Installation Total 60 .000 Less Trade -In Total Net Cost Annual Ooeratin!! Cost Total First Year Cost Is this expenditure neces ary becau e of increased perso nn el ? No Recommendauon for equipment displaced : Unit# 8-+'.!8 -1991 GMC IO yard dump truck to hea vy equipment aucu on Approximate date of purchase : Sprin g '.!000 Li st and de scribe imilar equ ipm ent in depart ment: 199 1 GMC IO ya rd dump truc k I oo, r. 1 ~ ' tr , I · Cit y \ll anage r's Re view : Approved : __ No t Approved: __ N \. I I -03\2 000 BudgetPrep .doc • . Total Cos t 60 .0 00 60.000 .. ,. • l ) I • 0 • • • Vehicle Number 84 NEW 8445 84NEW 8427 8428 8429 8432 8418 8419 8430 84 new 8441 8444 84 new Vehicle Number 0;3c 8439 Ju ly 1. 1997 ,,,-. • I ... I ~ • • 11-03 BENEFICIAL USE EQUIPMENT REPLACEMENT SCHEDULE Description , Replacement Model Estimated Description Year Replacement Division Date 10 Yard Dump Truck . 1997 2012 JO Spreader. 785 1995 2003 Tractor 1997 20 12 John Deere 4450 Tractor 1987 held over 10 Yard Dump-GMC 1990 1999 10 Yard Oump-GMC 1990 2000 One Ton Pick-up , Chevy 199 1 1998 East Push Trailer 1988 1999 East Push Trailer 1988 2000 East Push Trailer 1988 2001 East Push Trailer 1997 2008 Lowboy Trailer 1994 2004 Loader , Front End , Volvo 1995 2010 JD Soreader 1997 2005 11-06 OPERATIONS VEHICLE REPLACEMENT SCHEDULE Description, Replacement Model Estimated Description Year Replacement Date :he w Pic;..-uc ~355 200 :; Che 1995 2003 B.U. B.U. B.U. B.U. B.U . B.U. B.U. B.U. B.U. B.U. B.U. B.U. B.U. B.U. Division 0 s. 0 s . M :1 Yehtcles\98replce .. ., • I .. I . 0 - • • • ~ __. • ·/· .•' .. • • .. \IIEMORANDUM TO : Pat White FROM : Betty Goo sman DATE : February 7. 2000 SUBJECT : Tandem Axle Dump Truck Requests for Bid were sent to two vendors . Two bids were recei ved . I am attaching a copy of the bids. any technical information provided and the tab s heet. These bids exceed $20 ,000 and will require Council appro val. Please review the bids and provide this office with a written techni cal evaluation . The award will be made to the lowest technically acceptable bidder (the vendor who meets the technical specifications.) Please notify me when the evaluation has been completed and Council has approved. so we can proceed with this purchase . Should you have any questions please give me a call at ext. 2392 . ' . ., . ' ) I • 0 X • (-. . _) City of Englewood Bid Tabulation Sheet Bid Opening Date : Febnmry 3, 2000 10:00 a.m. Bid Item: 53,220 GVW TANDEM AXLE DUMP TRUCK Tandem Axle Parts Shop Vendor Dump truck Manual Manual Total Transwest Trucks Attention: Hank Frlebus 7826 Brighton Blvd. Commerce City, Co 110022 Burt Chevrolet Attention: Truck Fleet Salos 5200 S. Broadway Englewood, CO 110110 • • 0 $62,793.00 $63 ,991 .68 - $100.00 $100.00 $62,993.00 ~ $100.00 $100.00 $64,191 .68 Page 1 - Exceptions : BODY BY O.J . WATSON YES· SEE ATIACHED \ I • • 'Ill $ TANDEM AXLE TK TAB • , ' ' • • LITTLETON/ENGLEWOOD WASTEWATER TREATMENT PLANT 2900 S Pfarte River Drive Englewood . Coloraao 80 110 (303) 762-2600 FAX 762-2620 MEMOR.\NDUM TO: Dennis Stowe, Plant Manager FROM: Jim Tallent, Operations Division Manager DATE: February 9 , 2000 .. • • - Cit of Litt2ton .. A Cityof Englewood SUBJECT: Technical Evaluation and Recommendation for Purchase of one Ten-Yard Dump Truck A request for bid was sent to two vendors to purchase one ten-yard dump truck for the Liuleton/Englewood Wastewater Treatment Plant . Both vendors responded to this request. Submittals were reviewed and a technical evaluation has been completed. Both units are technically acceptable. I recommend purchase of one ten-yard dump truck from Transwest Trucks, Inc . in the amount of S63.2 l 0 .00. Although the bid unit is S3 ,2 l 0 .00 more than budgeted funds for the purchase, there should be no impact on the overall division budget. This purchase shall include the following : • Ten yard dump truck • Shop Manual • Parts Manual • Heated side mirrors • Raised 4 inch cab roof Total $62.793 .00 Sl00.00 SI00.00 $160.00 S57 .00 $63.210.00 Please charge this purchase to account number 11-03-44131 for the UE WWTP. Cc • Pat White, Fleet Administrator Betty Goosman, Buyer ill • . , I • 0 --------------------------~---~ .. ---------------~------------------ • • ,. • - Technical Evaluation Tandem Axle Dump Truck February 10. 2000 Spec ificati o n TrJ ns\\C St Truc ks 2000 TJlllkm A,k Dump Truc k equipped w11h J JI manul acturc, Yes ;1a nda rd eq uip me nt and o pti ons. I. ~kc ts a ll a pplic a bl e Federal and State stand ard s. Yes ' Be c qu1 pncd w11h ,ah ass ist entrv handk, and ,re ps. Yes 3. Tilt hood. Jibernl ass with fenders. Ye~ ~ Du a l mirrors. T', I 600 • Ye s 5 Elc c tnc two -speed wind shield '"Pe rs. Ye, 6 St andard in s trume nt pand w11h all apph c ,bk ga ug es. in cl uding Ye s hour mL'tc r and air clea ner rc stn cuon £!':1 U£!c . -, Po"c r l lf c,b , e n11 lat ion and he at. Y e::, 8 . AM -FM radi o. c lectn c lllv tuned. Ye, ~ Alf ,u,pen sion h1~h bac k dn ve rs seat. Yes IO :S:o n suspension oassencer bu cket se at. Ye~ II Sta nd,rd cab 1nm and in s ulauon packa~e . Ye ~ 12. Vac uum to nncd fl oor mats . Ye:~ 13 R1 2 h1 and left hand s un visors. Yes Brake Sv stem ,~ Alf svste m. c am tvpe brakes . Yes --.uh ABS 15 . Aut o matic s lack adiusters. front and rear. Ye s 16. Alf compres sor. 13 .2 CFM mimmum . Yi:~ 17. Equipped wit h a Bendix A09 air drver. Yes I S. Mo isture e 1ector . auto matic and heat ed . Yes 19 . Brak e system to meet all appli cable safety standards and Ye:~ rcau1rcmems . Enl!inc 20 . Turbo charne d diesel. 215 eross H.P. minimum. Ye,-230 HP 2 1 Sin2Je. venical R.H . tailpipe. Yes :!:!. Drv tvpe air c leaner. Do nald son brand . Ye, :!3 . I 000 wan bl ock heater. Yes 2~ Cold stanme aid . Ye s Elc ctncal 25 . Du a l han c n es . 1500 ,mps. Yes 26 . I 00 a mp alt e rnat o r. Yes 27 Tac homete r a nd e nei ne alam1. Yc-s 28 . Elcc tncal c lfc uu s arc 10 be protected "11h c irc uit hrc ak crs . Y 1...•::, ~9 All "mng fo r au,iliary li g htin g (dump bo x. e tc.) 10 be o f st andard ~1,c fo r th e voha gc rcquiremcn 1s. all 1.:o nn cc tt un::, to bl! so l1.kn:tl Ye, "1t h heat ,hnnk . and all lightin g to be o r >1 andard manufac ture and mee t .,JI J ppli cab lc ,ta ndards . Tran ~m1 ss 1on Y es ~LI "'llh Jn au,1harv oi l coo k·r. • • Burt C hc\'rOk t Ye, Y f'S Y L'~ Y \!~ Yl·, Ye, Ye, YL'" y ~, Y1..·, Ye, Ye-, Ye~ Ye, Ye, -""h ABS ) :S:l Ye, A ll1e,-S 1enal Ye; Ye, Ye,-230 HP Ye" Ye°' Ye s-I OQO wa n s Yc~r Yes-15 00 am ps Ye s Yes Ye:, Ye Ye, I • 0 --------------------------------~---.----~--------------------~~--------------- - • I I • Fro nt Ax le IJ.600 LB ca ac11,• fro nt ax le . JJ .600 LB lro nt sus e ns,un. '.tult i leaf. Rear .-'1 ,le 35 . ··n s1on. :-.2·· Hend ncksn n l\' .16 . Ra t1 0 : Is ced. 7.17. C has s, Whee l and Tire, JJ. :!2 .5,7.5 10 ho le. hub 1lo tcd Ac undc DCT ,1eel d,sc. fro nt. J:!. 12.5 x7.5 10 ho le . hub 1l o1ed Accundc DCT steel d,sc. rear. J J . \tiche lin 11 R 22 .5 H ( 16 pl) J rad,al tubdess premium h igh" ay tread . front. JJ \t ic hclin 11 R 22.5 G ( I J pl) J rad ia l tube les, hi ghway trac u o n block tread. rear. J 5 S are whee l and tire (fr o nt J to be ,u li ed . P:11111 and Interi o r J6. So hd co lo r exte n o r-\\ h11e J 7. lnt c n or-saddl e . Dum Bodv J S. "1anufacturer J 9. 13' dump body o f std. width to fi t ,upph ed chass,s (,ns,J e dim. to be a mm . o f SJ "). 50. Lone si ll s .hall be .. ·r beam o r stnmural hannel. 51. Cross membe rs shall be J " "I" lxam o r struct ural c han nel 51. Fl oor shall be con tru ctcd of at le3't '/16" h1 -tensile steel. \\llh a maximum o f o ne scam (m o pi ece), su pponcd bi cross me mbers on 12" ce nters. If a middl e sca m ,; 10 he o n>id ercd direct ,uppo n . the cross me mbe rs are to be 1111c r-\\o ,c n or la ced thro ugh the long ,di . ma kin ~ th e who le sub -s tru ture nu,h. 53 . The s,dcs shall he co nstru cted of m111 1mum o t 10 gauge steel a nd have a 2" rad1u :,, ""here the lloo r mee ts the !:t id es . SJ . The to p ra,I shall be Nixed and th e he ad and 1a 1l gate shall be higher than th e ,ide s. minimum of 6 inc hes. with the fro nt a nd rear do ubk 2"u,sc tcd fo r side boa rd i:x tcnsions . 55 . Ta,J~a tc shall he do uhle act1n~ w11h offset hin~cs. 5 Shall ha,c lull pcnmetcr box brac ,ng and include ho n zo ntal and \Cn1c:il brar1 n~ a:, "ell . 5-Comh111a 11 on sto p. tum. a nd runn,ng lights sha ll be rcce»ed 111 1he ,ornc r po,ts Corn ~r pos ts to be full kngth . full bo l,ter tvpe . All lights shall confo nn 10 ICC and Fede ral DOT regulauo n,. \\llh all dcctnral connew on, to be so ldered with heat ,hnnk. • ,. .,,. . • • - Ye, •Dana S 1ccr1 Yes Ye s Ye ; Y e!) Ye s Yes \V a1>on Ye s Ye s Yes Ye se«ept 15 in c h ce nt er . rnt erbcc d und er4 !)tructure wnh no 1.:cnt er ,e arn 9 ,n c h radius Y~, Y~s Yes -6 panel • Yes Yt:s fDana S 1ccr) \'~s 6 .50 175 Ye s \-1ed1um Bl'H.'.t: Hei l Yes -.. C n11 i1cJ Y e:::. one pi e c. no l.'.ross members. no ga!)hsc ardin g J ,nc h radiu s Yes -9" Y l.!S Ye s ) I • 0 ------ • • • • -.. D ump Bod v (co ntinue d ) 58. Cab shield shall be of industry ;1andard full . per OSHA CFR ~9- 19 26 .60 1 16 ) con ·truction manual #2107 occupauo nal ,afrt ) and health ADV . The City of Englewood will be infonned in detail prior to any mount as to how much of the cab area the shi eld "tll CO\'CL 59 . Shall hJ\e an in-cab electric bodv-up indicator liuht. 60. Shall be eq uipped with a back-up alann and co nfonn 10 SAE standard J9 97b Class C sound level 97db (A). 61. Shall be equipped with 36"" minimum anti-satl mud !lap (no advenisemenll. 62. Four rune ladder mounted on ril?hl front on bodv. 63. Hoi st is to be a si ngl e acting head lift hoist. a ll hing e points shall be zerk lubricated. and meet NTEA perfonnance requireme nt s. 64 . Body s uppon s shall be provided and be adequate to s uppo n an empt, bodv in a raised POSition for service needs. 65. ··Hot shift'' PTO with live oower o n Auto . 66. Sin~le valve for power up on hoi st. 67 . Hydra uli c tank . pump. hoses. and inline filter 10 meet requirements of hoist and dump . Paint 68. Dumo bodv to be co moletel v crimed before oaintine . 69. Finish co lo r is to be white and be of a 1?rade to re sist ru st and wear. 70. Paint brand. l\'PC , and number is to be suoolied . '.'vlanual s 71. Compkte operator (3 copies). pans. and service manual s are to be su hed (tru ck and bod ). 0 ,puons 72. Healed Mirrors . 73 . Pans Manuals 74 . Shop Service Manual 75 . Air Co nditi onine . 76. Low Emission En1?ine. 77. Any other applicable manufacturers standard op ti on . Statements o f bid cenification Unit base bid pri ce . Uni t price wuh recommended options Estimated delivery time . *NI -Not Indicated na -Not Available Yes Yes Yes Ye Ye ,-fold do wn Ye s Ye s Ye s Ye s Ye s Yes Ye, Ye s Ye s Ycs-$160 $100 SIOO Included :-.A Ye s Rll se d -l "" roof-$57 Yes $62.793 .00 $63.2 10 .00 250 days • .. . ' .... Ye s Y~s Ye Ye Ye s-fo ld dO\, n Yes y~~ Ye s Yes YC!t Y~, Ye , Ye s Yes in cluded $100 SIOO Included :'-IA included Ye s $6-l .191.68 S6-l .19 1 68 75 -90 da,s I • 0 ' . -· • .. • - SERVICENTER GARAGE SUMMARY SPECIFICATION SHEET FOR NEW VEHICLES STATE AWARD YES ~ IF YES , AWARD# MANUFACTURER OF VEHICLE 3(¥\ c:. MODEL OF VEHICLE ~,Jl:Jtr../Yl f::t ~ 1..£ :i:>u(Y) P --;,"cu cic. AIR CONDITIONING ~ NO AUTOMATIC TRANSMISSION ~ NO ) POWER WINDOWS YES cw POWER DOOR LOCKS YES @ 4 WHEEL DRIVE YES G9) ALTERNATIVE FUEL OPTION YES ~ C E R F REPLACEMENT YES @ NEW ADDITION TO FLEET YES @ DEPARTMENT VEHICLE ASSIGNED TO L/C Wc..:iTP (11 -03) • COMMENTS : ~EflACfi:.(Y)C,JT ~OK 1Qqo _grn c Tum?t"ZuCK... • I . 0 • - • • 1 • .. • • - COUNCIL COMMUNICATION Date Agenda Item Subject February 22 . 2000 10 CV Discharge Permit Renewal Technical Assistance . Task Order No 2. INITIATED BY STAFF SOURCE Littleton I Englewood Wastewater Treatment Plant Stewart H . Fonda , Director of Utilit ies Charles J . Caudill , Process Development Analyst COUNCIL GOAL AND PREVIOUS COUNCIL ACTION Council had approved permit renewal technical assistance with Corallo Engineers in J uly 1999 . RECOMMENDED ACTION The action recommended is to approve, by motion, Task Order No . 2 discharge perm it renewal technical assistance with Corallo Engineers in the amount of $63,684 . BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The Colorado Code of Regulations requires renewal of wastewater treatment plant discharge permits every five years . The Littleton/Englewood Wastewater Treatment Plant (UE WWTP) is due for permit renewal and is currently operating under an administratively extended permit . It is important that permit renewal at the recently expanded UE WWTP plant capacity proceed expeditiously . Phenomenal growth in the service area has resulted in influent flows and loadings fast approaching the current permitted design capacity of the plant and there are stringent regulatory requirements based on the permitted design capacity which must be met. The UE WWTP is currently renewing its permit with the technical assistance of Carollo Engineers approved by Council in July 1999. The technical assistance scope included assessing water quality issues to determine the best permitting approach . as well as to determine appropriate permit limits/requirements. In assessments and meetings with the Colorado Water Quality Control Division , additional tasks necessary for permit renewal have been identified which are beyond the scope of the Carollo Engineers contract. These proposed Task Order No . 2 items are : 1. Modeling, Segment 14: Nitrate, DO , and Ammonia 2. Denver Regional Council of Governments (DRCOG) Interim Utility Plan Preparation 3. Amended Site Application 4. Antidegredation Review 5. Capital & O&M Costs related to Nitrate Treatment 6. Source Water Assessment Program (SWAP) Review 7. Whole Effluent Toxicity (WET) Permit Requirements. The Littleton/Englewood Wastewter Plant Supervisory Committee has recommended approval of the proposed Task Order #2 of the Carollo Engineers permitting assistance project . • ) I • 0 - • • ---------. ,. • ,-• ... .. • • FINANCIAL IMPACT The cost of this expenditure will be shared 50/50 by the Cities of Englewood and Littleton . Funds are available. LIST OF ATTACHMENTS Attachment A , Task Order No . 2, Additional Services in Support of COPS Renewal Assistance • I • 0 I • • ... ~ --· • • - TASK ORDER NO . 2 CITY OF ENGLEWOOD AND .. ' CAROLLO ENGINEERS , A Professional Corporation " ' This Task Order is issued by the OWNER and accepted by ENGINEER pursuant to the mutual prom is es , covenants and conditions contained in the Agreement between the above named parties dated the 23 day of July , 1999 , in connection w ith : Renewal Assistance -Colorado Discharge permit System (Project) PURPOSE The purpose of this Task Order is to : Authorize the ENGINEER to perform additional work in support of the project ENGINEER'S SERVICES The ENGINEER's services are outlined in Attachment A , "Scope of Work ". TIME OF PERFORMANCE ENGINEER's services shall start promptly after receipt of OWNER 's acceptance of this Task Order and shall be conducted in an expeditious manner. Time of comp letion is dependent upon actions by CDPH&E, DRCOG and others , but should be sometime in the first half of the year 2000 . PAYMENT Payment for services rendered shall be on a time and materials bas is , based on the fee schedule attached to the Task Order No . 1, which is subject to revis ion March 1, 2000 , the date when annual salary adjustments for ENGINEER 's personnel are made . The not-to-exceed limit for Task Order No. 2 is $63 ,684 . EFFECTIVE DATE This Task Order No. 2 is effective as of the __ day of--------· 2000 . IN WITNESS WHEREOF, duly authorized representatives of the OWNER and of the ENGINEER have executed this Task Order No. 2 evidencing its issuance by OWNER and acceptance by ENGINEER . ~:\Client\Englewood_OEN\LE ·WNTP\Con1roCI\LE .T02.wpd Page 1 of 2 • ., . ' ) I . 0 .. .. ,, • , . -.. • .. ·, • . ' - CAROLLO ENGINEERS , OWNER A Profess ional Corporation Accep ted t h is _ day of ___ , 2000 By : By : Pr incipal Officer By : Principal • • I • 0 H·\Chent\Eng-,,.,a_DEN\Lf·WWTP\Connc:1\LE T02 .wpa Page 2 of 2 • 3 • .. • • - Task Order No. 2 ATTACHMENT A SCOPE OF WORK ADDITIONAL SERVICES IN SUPPORT OF COPS RENEWAL ASSISTANCE The ENGINEER 's services to be preformed are as fo ll ows : 1. Modeling, Segment 14: Nitrate, DO, and Ammonia Attachment A to Task Order No . 1 outlines the cond iti ons unde r w hi c h the initial eff ort wa s to be accomplished by Dr . Lewis through Western Env ironme nta l Ana lys is (W EA). Model ing for metals , if necessary , and for nitrate, was to be accomp li shed by WEA wor kin g ior C URE . and not under this agreement. No model ing for DO was to be accompl ished at all. On ly modeli ng for Ammonia, us ing the Colorado Ammon ia mode l , was to be accompl ished , based on a leve l of effort for WEA & CU of $6009 , x 1.1 O for Carollo adm inistrat ion , = $66 10. Thi s level of effort is shown in the table attached to Task Order No . 1. Please refer to the proposal dated December 16 , 1999, from WEA attached to this Attachment A , for a scope of work associated with the modeling work WEA is now proposing for Nitrate , DO and Ammonia, at a UE WWTP discharge of 36 .3 mgd , 30 day maximum flow . The WEA proposed fee is now $15 ,100 . Therefore , g iving credit for the level of effort already authorized by Task Order No. 1, the new estimated level of effort for th is modeling work is as follows : T .O . No . 2 T.O . No .1 Net T .O . No. 2 Level of Effort Credit Level of Effort Authorized WEA&CU $ 15 .100 $6,009 $9,091 Carollo Administration (10%) $1 ,510 $ 601 $ 909 Subtotal $16,610 $ 6,610 $10,000 RMI Review S 2,000 $1 ,636 $ 364 Carollo Administration (10%) $200 $164 $ 36 Subtotal S 2,200 S 1,800 $ 400 Carollo Review $ 6,990 $ 450 $6,540 Total $25,800 $ 8,860 S 16,940 Note that the time and effort for the ENGINEER 's team review of t he model input data , assumptions, and output results , has increased because it not only involves review for ammonia but also for two other constituents , and it is to be accomplished for discharges from the LJE WWTP projected with a proportionally higher level of load ing . H \Chent\Englewood _ DEN\LE·\WITP\Contract\T02 _ Atch _ A.wcd • I . 0 ·] • • -. ~ _,,-- • .. '· ·, • -.. 2.0 Interim Utility Plan Preparation No prov ision was made for preparat ion of an Inte rim Ut ility Plan i n Task Or der No . 1. Afte r rev iew ing th e req uirem ents to obta in a new perm it w ith CDP H & E, it was d ete rm ined th at an amended Sit e Appl ication resubm itt al would be requ ired , and for CDPH & E to review that app lic ati on , an app roved In t erim Utili ty Plan from DRCOG wou ld be requ ired . Hence , the requ iremen t to now prepare a new Interim Ut il ity Plan subm itt al. The ENGINEER 's and OWNER 's rep resentativ es met wi th DRCOG to rev iew the req ui remen ts for subm ittal of an Interim Utility Plan . DRCOG 's curren t Me tr o Vis io n 2020 Clean Water Plan provides for U E annual average day flo ws of 36 .3 mgd . The OWNER c urrentl y has existing fac ili ty planning documents which add ress most of the In t eri m Ut ility Plan requirements. However, these documents are seve ral years old and are no t formatted in the new Ut ility Plan format which was adopted in 1999. Furthermore , at least one change has occurred in the serv ice area boundary for the LJ E 'NINTP (Chatfield Greens ). The ENGINEER will util ize exi st ing documents to the maximum extent practi ca l to develop and assemble all requ ired maps and documents , and to assemble a readab le , understandable Inter im utility Plan wh ic h c an be subm itted to the ORCOG review com mittee . A single document in draft format will be pre pared (printed text with supporting electronic format , as much as possible) and submitt ed to th e OWNER for rev iew . A meeting wil l be held to review comments , and a fina l draft w ill be furnished to the OWNER for copy ing and for submittal to ORCOG . Time fo r one meeting with ORCOG representatives to answer questions is provided . The ENGINEER will supply a level of effort consisting of 9 hours of the Project Manager 's time, and 85 hours of a staff engineer's time . The estimate to complete this task is $10 ,396 . 3.0 Amended Site Application Attachment A to Task Order No. 1 provided only that the ENGINEER would review for completeness the application prepared by OWNER 's staff for 36 .3·mgd treatment capacity and 60 ,500 lbs. 8005 per day loading . It has now been determined that the ENGINEER w ill prepare and subm it the Site Application Amendment for 36.3 mgd , maximum 30 day flow , and 69 ,000 lbs . 8005 per day loading . According ly , by this Task Order No . 2, the ENGINEER will supply a le vel of effort cons isting of 6 hours of the Project Manager's time , 65 hou rs of a staff eng in eer 's time , and 16 hours of secretarial t ime . Giv ing credit for the level of effort already authoriz ed by Task Order No. 1, the new estimated lim it for th is sits application preparation work is as fo ll ows : T.O . No. 2 T.O. No . 1 Cred it Net T.O. No. 2 Level of Eff ort Lev el of Effort Authorize d RMI Review $1 ,600 $1 ,600 . 0 - Ca roll o Adm inistration (10%) $160 $160 • 0. Subtotal S 1,760 S 1,760 . 0 . Carollo Prep arati on , Re vi ew $8,000 $ 550 $7,4 50 & Assistance Total S 9,760 $2,310 $7,450 H \Chent\Eng lewo o d _ OE N \LE ·VvWTP\C o n1t act\ T02 _ Atch _ A wpc:1 2 • .. I· 0 • • • • ~ ,,... .. • .. • -... 4.0 Antideqradation Review In January, 1999, the OWNER decided to seek permit renewal authorization for 36.3 mgd , maximum 30 day flow, with 69,000 lbs. per day BOD 5 infl uent flow loading . These lev els represent an increase in loading above the current d ischarge permit authorization th at might trigger antidegradation review . The antidegradation provisions of the Colorado Bas ic Water Quality Standards have 1 O % and 15 % increase in cr it ical constituent loading triggers , above which antidegradation review will be required . While the State has thus far avoid ed impos in g an antidegradation review on any entity in the state , the trigger requirements li sted in the Bas ic Standards are clear . The ENGINEER 's team was requested to meet with the OWNER 's project team to evaluate and develop a permitting strategy for minimizing or avo iding a fu ll antidegradat ion rev iew process . Coordination with the ENGINEER 's team Counsel (Foster) was to be performed , togeth er with development of a perm itting strategy relevant to the antidegradation issue , t o be summ arized 1n an ant1degradation wh ite paper. Please refer to Task I of the RMI proposal dated December 20 , 1999 attached to th is Attachment A , for a detailed scope of work . There was no provision for antidegradation evaluat ion and review in Task Order No . 1 authorized earlier. The new strat egy/development work effort is as follows: T .O . No. 2 Level of Effort Authorized RMI S 6 ,080 Foster (short fall Phase Two, Additional $5,573 Scope antidegradation review) Subtotal $11 ,653 Carollo Administration (10%) $1 ,165 Carollo evaluation and development of $2,786 antidegradation strategy Total $15,604 5.0 Capital & O & M Costs -NO , Levels Attachment A to Task Order No. 1, and the level of effort table attached thereto , provides for $9,600 effort to be provided by the ENGINEER in eva luating costs which might be necessary to treat the sidestream of centrate resulting from the centrifuge dewatering of solids at the UE WWTP , for a plant capacity of 36.3-mgd, should such an effort be required by U E WWTP to comply with new permit requirements . New effluent concentration limits will be estimated based on modeling for Seg m ent 14 and an effluent flow of 36.3 mgd, 30 day maximum , and a BOD5 loading of 69 ,000 lbs . per day. (See item 1. above in this Attachment A). Based on these new discharge limits to be developed by modeling , the OWNER has requested the ENGINEER to evaluate costs for four levels of N itrate removal at the UE WWTP : H ·\Chent\Englewood _ OEN\LE ·WWT ?\Co ntrGct'.T02 _ A1ch _ A wpd 3 • .. ' ' ' ) I • 0 • • • ,. ,,,.. . • ... • -.. a. Ammonia and Nitrate remova l rom Centrate side stream b. Sid e stream re lease to Metro interceptor with extra-strength su rcharge payment s c . Level a or b, plus add itional part ial effluent denitrification d . Complete effluent de 1trif ication (with or w/o separate side stream treatment) Giving credit for the level of effo rt al ready au thorized by Task Order No . 1 , the new estimated effort leve l for this wor k is as follows : Caro llo Evalu ation T .O. No . 2 T.O . No . Level of Effort Cred it Level a $9,600 S 9 .600 Level b S 1,260 -0 - Level c $1 ,800 -0 - Level d $1 ,800 -0 - Total $14,500 S 9,600 6.0 Source Water Assessment Program {SWAP) Review Net T.O . No. 2 Level of Effort Au thorized -0- S 1,260 S 1 ,800 S 1,800 S 4,860 It was concluded at a Team meeting on September 1, 1999 that it wou ld be prudent to review the SWAP list of contaminants of concern (the WQCD was list, and the SOWA MCL and MCLG lists), vs the database maintained by the LIE WWTP staff fo r constituents in the plant effluent. The ENGINEER 's team will meet with LIE WWTP staff to collect the data and assess applicability and concerns regarding LIE WWTP perm itting . Please refer to Task II of the RMI proposal dated December 20, 1999 attached hereto. A wh it e paper w ill be prepare d , summariz in g the results . The purpose of this effort is to re inforce the "Permit as a Sh ield " defense , and to determine if additional monitoring by LIE WWTP staff is advisab le. The proposal fee for this task is $1 ,200 for RMI and $120 for Carollo adm ini strat ion , for a total of $1 ,320. 7.0 Whole Effluent Toxicity (WET) Permit Requirements Attachment A to Task Order No . 1 and the associated level of effort table outlines the scope of work currently authorized for preparatio n of a wh ite paper on WET . A draft wh ite paper based on RMl's current understanding of regulatory and lit igation issues surrounding WET has already been prepared and reviewed by Carollo . For the past several years , the L/E WWTP staff have been performing independent testing to document that WET biological interference has been occurring, and that provis io ns recogniz ing such interference should be incorporated into the new perm it. L/E had been plann ing to subm it th is documentation to the state separately , but once the WOCD comm itted to re issue a new perm it by July , 2000, the OWNER requested that the Car ollo Team (principa lly RMI ) propose additional services , culminating in preparation of a white paper . Th e effort will involve incorporation of the already-prepared draft white paper into a new wh ite paper , and based on the new L/E WWTP documentation , RMI will assemble supporting documentation and deve lop a negotiating strategy and proposed permit language , and part ic ip ate in internal meet ings and H \Cl1 1nt\Englewood _ OEN\LE ·'.W/TP\Con1ract\T02 _ Atch _ A. wpd 4 ~--------------- I • 0 - • • • -• .. • -.. negotiation meetings . Please refer to Task Ill of the RMI proposal dated December 20, 1999, attached to this Attachment A , for a detailed scope of work . Giving credit for the level of effort already authorized by Task Order No. 1, the new estimated level of effort for this additional WET work is as follows: T.O . No. 2 T.O . No . 1, T .0 . No. 1 Net T .O . No . 2 Level of Effort Phase II Phase Il l Leve l of Effort Credit Credit Author ized RMI $6,480 $ 400 $ 600 $ 5.480 Carollo $ 648 -0--0-$ 648 Administration (10%) Subtotal $7,128 $400 $600 S 6 ,128 Carollo Review $1 ,386 $200 $ 200 $ 986 Total S 8,514 $600 $800 $7,114 8.0 Summary of Task Order No. 2 additional authorization 1 . Modeling $16,940 2. Interim Utility Plan $10,396 3 . Amended Site Application $ 7,450 4 . Antidegradation Review $15 ,604 5 . Capital & 0 & M Cost -N03 levels $4,860 6 . SWAP $1 ,320 7 . WET $7,114 Total Not-to-Exceed Limit, Task Order No. 2 $63 ,684 H :\Clionl\Englewood _ OEN\LE -V/WTP\Controct\ T02 _Atch _ A.wpc D I . 0 5 - • • • --• ., ~ ..... • - WESTERN ENVIRONMENT AL ANALYSTS Mr. Carl Houck Carollo Engineers 320 Imerlocken Parkway #125 Broomfield, CO 80021 Dear Carl: 16 December 1999 .. Enclosed is the scope of work for Littleton/Englewood N P DES permit modelling, as yo u requested. The cost proposal is as follows : I) 2) 3) Task 1: Nitrate modelling Task 2 : Oxygen modelling Task 3: Ammonia modelling $ 1,600 .00 6,200 .00 7,300 .00 Total $15 ,100 .00 Billing will be on a progress basis. Terms of payment : 45 days. Completion of work: February 29, 2000. Sincerel y yo urs , .A ~ -~ ?.;~ William M. Lewis President I 1446 Countv Road 23, Fon Lupton , CO 80621 Phone 970 785 0397 Fa x 970 785 0510 • j I· 0 J • • -• -· • • - Scope of Work Permit Renewal Analysis for Linleton/Englewood Wastewater Treatment Plant Water Quality Modeling Permit limits for the Linleton/Englewood Wastewater Treatment Plant involve the consideration of complex factors including month-to-month changes in amount and quality of dilution water, potential interaction with other discharges , and biological conversion rates. For this reason , selection of appropriate permit limits corresponding to the stream standards require s the use of water quality modeling. Littleton/Englewood Wastewater Treatment Plant has the option of requesting that the CDPHE conduct the model ing , but it is in the best interest of the Linleton/Englewood facility to make independent arrangements for modeling in order to insure that the treatment plant receives the benefit of all legitimate factors that might reduce permit restrictions. When the modeling has been finished , Littleton/Eng lewood can submit the re sult s to the State for review leading to finalization of new permit numbers . 1n addition. independent modeling gives early information on new facilities if they are needed . Facilities consultant Carollo Engineers has recommended that modeling be focused on stream standards for nitrate, dissolved oxygen, and ammonia Modeling for each of these variables will be designated as a separate task for the scope of work . I. 2. .), Task I. Nitrate. CURE, with support from Linleton/Englewood, has already established a modeling program focusing on nitrate concentrations between Chatfield dam and the Burlington Ditch headgate for the purpose of fulfilling TMDL requirements. This TMDL based modeling effort can be adapted very easily to determination of permit limits. The following information will be provided by Carollo Engineers, based on interactions with Littleton/Englewood: design capacity to be used in modeling , assumptions to be made about other interacting discharges (Centennial, Glendale), and other factors related to the characteristics of facilities under consideration at Littleton/Englewood for the future . Four different configurations of future facilities can be considered as pan of the scope of work. Results will be given in terms of suggested permit limits for nitrate , along with the rationale and description of the modeling procedures in report form suitable for submission to the CDPHE permits division. Dissolved Oxygen . Modeling for dissolved oxygen between Chatfield Dam and the Burlington Ditch headgate is more challenging than modeling for nitrate because information necessary for calibration of the model is not presentl y available. For present purposes, calibration factors will be taken from Segment 15 and applied with some modification to Segment 14. This will only provide an initial view of dissolved oxygen issues, but will allow provisional determination of the CBOD and ammonia limits that are preferred by design engineers for plant expansion. Results will be presented in report form along with rationale and description of modeling . Unionized Ammonia. Unionized ammonia restrictions will set limits for total ammonia in the discharge of the Littleton/Englewood Wastewater Treatment Plant. The current version ( 1999) of the Colorado Ammonia model (C AM) will be used in determining • ' I • 0 - • • • .. • -• j• ~."!:. '.1 .. • • ' these limits . This modeling will require analysis of monitoring data on pH, temperature, and effluent characteristics for total ammonia at Littleton/Englewood and other discharges. A report will be prepared in which the adjusted permit limits will be outlined along with the rationale for determination of limits and the method by which CAM was applied . William M. Lewis , Jr. 22 December 1999 ' . ., ' ... ., ' • ) I . 0 ------------------·--------~--~------- J- • • 1• • .. . TO: Carl Houck . C arollo En gineers FROM: Jim Egan DATE: December 20, 1999 ,. • ... • • SUBJECT: LITTLETON/ENGLEWOOD WWTP PERMIT ASSISTANCE - PROPOSED ADDITIONAL SCOPE OF WORK RE: WHOLE EFFLUENT TOXICITY PERMIT REQUIREMENTS AND ANTIDEGRADATION REVIEW AND PERMIT STRATEGY RMI has been asked to provide a proposed S co pe of Work fo r additio n a l services in de veloping a white paper, supporting documentati o n , negotiati ng strategy , propose d permit language, and participation at internal meetings and negotiation meetings w ith th e Water Quality Control Division over and above the c urrent proj ect Scope o f Work. In particular, the additional scope will include incorporation of th e WET bi o lo gi cal interference permit amendment effort UE WWTP had begun , development of draft CDPS permit rationale and permit conditions/requirements language, coordination with UE WWTP on finalization of such proposed language , and assistance to UE WWTP at negotiation sessions with the Water Quality Control Division In addition, RMI has been asked to provide additional services in assisting the UE WWTP in evaluating and defining the constituents of potential concern in the context o f the State's antidegradation regulation , evaluating and developing a permitting strategy to deleting, minimizing, and addressing such constituents so as to avoid or minimize a full antidegradation review process, coordination with Counsel on the antidegradation review issue , and development of a permitting strategy rele vant to the ant id egradation issue. to be summarized in a antidegradation white paper. The S cope of Work and Level of Effo rt includes Counsel (Tad Foster), as itemized separatel y. The proposed Scope of Work and estimated Level of E ffort are pre s ented be low . Scope of Work Task I -Antidegradation Re view I. Evaluate the State Antidegradation regulation 's applicability to th e UE constituents of concern (NH3, N03, BOD/DO , S04, er , TRC, Mn , Fecal Coliform). Evaluate and identify the best regul atory me ans to elimin ate or minimize the application of Antideg to said constituents . 2. Develop a permitting strategy and permit rationale frame w ork to address residual Antideg issues in the permit renewal effort WET Add Sco p W rk I &2C o mb .. . ' ) I· 0 • • -• • 1,..,, • - 3. Coordinate the above efforts with Counsel 4. De velop Antidegradation white paper with Counsel that summarizes results of above efforts 5 . Attendance at two working meetings with UE and preparauon for sa me Task II -Source Water Assessment Program Applic:1b11i ty I. Collection of UE WWTP data and de velopment of spre :id sheets o f UE dat:i and SWAP criteria to assess SWAP applicability and co ncerns re: UE WWTP permitting 2. Preparation of white paper summarizing re s ult s of above Task III. -WET Permit Assistance Task III . -A. Prepare \VET Wh ite Paper 1. Meet with UE WWTP representatives to review WET test results si nce 1993. in particular the results of special studies and related investigations regardin g the biological interference with the fathead minnow c hronic test. Also, collection and review of all papers and articles prepared by UE WWTP regarding the periodic biological interference experienced. (RMI has reviewed two drafts of the independent work UE was developing on the biological interference issue to comment and coordinate the two efforts) It is essential to verify RMI's understanding and representation of this information as it will be a key part of the formal permit record. 2. Preparation of a comprehensive white paper to support the permit negotiations and construct the permit record on the WET issue. Such white paper will include general Pan 136 litigation issues and UE specific reasonable potential analysis results and biological interference investigations with key relevant citations and copies of the cited documents to construct the most defensible position and formal record . 3 . Review and finalize the WET position paper with UE WWTP . 4. Develop draft CDPS Permit Rationale language and Permit monitorin g and reporting requirements regarding WET commensurate with the final position paper, and finalize with UE WWTP and Counsel as appro priate . (Mark Wagner and Tad Foster) T ask III . -B . Negotiation Sessions with WQCD I. Conduct pre-negotiations work session with UE WWTP in preparation for initial meeting on WET permit conditions . 2. Meet with WQCD to present and explain WET w hite paper and documentation . Lay out re commended WET permit :ipproach (monitoring only), and supporting logic for such approach . Provide draft permit rauonale and permit requirements language to WQCD as negot ia ting "straw man". WETAddScop W rk t &2Comb 2 • ' ., . , ) I • 0 - • • • , .. , ..... .. • - (This assumes the Team detennines draft pennit language is the appropria te negotiating strategy) 3. Attendance at up to two additional negotiating sessions with the WQCD on WET to work out and co-write final pennit language . Task ill. -C . Response to draft pennit 1. Review and detailed written comment upon WQCD pre-draft penni t WET rationale and provisions. 2 . Meeting with WQCD to assure comments on pre -draft pennit are full y considered and incorporated into the published draft pennit. (Bas ed upon experience, this step is highly recommended) 3 . Assistance , if needed, in responding to comments recei ved on WET durin g the public comment period, as necessary to reinforce the posit ion and support to WQCD against potential challenges. WET AddS cop W rk 1 &2Comb ., • I ) I • 0 3 xi Estimated Level of Effort Task I: Labor: l. 2. 3. RMI 12 hours 16 hours 8 hours 4 . 12 hours , .. ~ ... ,, ,,-- • • -... Tad Foster 8 hours 8 hours 8 hours 8 hours 8hours 5. 12 hours 60 hrs@ $100/ hrs= $6.000 Travel :2 trips to UE 80 40 hrs @ $135 = $5,400 80 Task II: Current contract Expended to date Balance Phase Two Level Available Labor: 12 hrs.@ $100/hrs. = $1,200 Task ill-A.: Labor: 30 hrs @ $100/ hr Travel : 2 trips to UE Credit, contract Phase II. l .f.6 . Task ill. -B.: Labor: 16 hrs @ $100/hr travel : 3 trips to Denver Credit, contract Phase ID .l. Task ill. -C.: Labor: 16 hrs @ $100/hr Travel: 2 trips to Denver Credit, contract Phase ID .2 . & 3 . $3,000 80 (400) $1,600 120 (300) $1 ,600 80 (300) TOTAL CONTRACT AMENDMENT $12 ,760 AMENDMENTNO.lGRANDTOTAL WET AddScop W rk 1&2Comb • $7 ,160 (4 ,833 ) 2 ,327 (2,420) -93 $5,573 ' . .. .. • 0 I . 0 4 ,I • ,,-. • l ,,. • -.. COUNCIL COMMUNICATION Date Agenda Item February 22, 2000 10 C vi Subject Sewer Tap Agreement with Arapahoe Chester ES Hotel. LLC (TownePlace Suites by Marriott) INITIATED BY Utilities Department STAFF SOURCE Stewart H. Fonda , Director of Utilities COUNCIL GOAL AND PREVIOUS COUNCIL ACTION Water Board policy regarding an equitable method of computing taps for hotels was established at the August 13, 1996 meeting . RECOMMENDED ACTION The Water and Sewer Board, at their February 8, 2000 meeting recommended Counc il approval by motion of the Sewer Tap Agreement from Arapahoe Chester ES Hotel , LLC for a TownPlace Suites by Marriott. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED In August of 1996, the Water Board was approached by Drury Inn to establish a policy for setting sewer tap fees for hotels . The resulting Water Board policy bases sewer taps fees for hotels on a per day, per unit usage . Arapahoe Chester ES Hotels, LLC is building a Marriott Hotel approached the City regarding building a hotel in the Southgate Sanitation District near the Park Meadows Mall, and is requesting to use this policy standard for tap fees . As a result, Arapahoe Chester ES Hotel has submitted a Sewer Tap Agreement for Council approval. FINANCIAL IMPACT The proposed agreement would set the sewer tap fees at half the standard fee , with no additional tap fees to be collected unless the water usage exceeds the agreed upon limit of 100 gallons per unit, per day . LIST OF ATTACHMENTS Sewer Tap Agreement from Arapahoe Chester ES Hotel , LLC . -',) ' , I· ., 0 - • • '-- ~ -·· • • • ' HOTEL SEWER TAP AGREEMENT THIS AGREEMENT. is made the __ day of , 2000, between the CITY OF ENGLEWOOD whose address is 3400 South Elati Street. Englewood. Colorado 80110, (hereinafter City); and ARAPAHOE CHESTER ES HOTEL. LLC . a Colorado limited liability company , whose address is 1512 Larimer Street. Suite 800. Denver, Colorado 80202. (hereinafter Owner). WHEREAS, the Owner requested a reduction in sewer tap fees because they believe their Hotel's water usage is less per urut than a single-family equivalent. The subject Hotel is located at 7877 South Chester Street. Englewood , Colorado 80112. also known as TownePlace Suites By Marriott. WHEREAS, the standard tap fee is based on a normal flow of two hundred (200) gaJlons per day and the Owner estimates that thell' per unit flow is no more than one hundred (100) gaJlons per day. NOW THEREFORE the Parties agree as follows : l. The City will sell the Owner sewer taps for its Hotel units at one half t he standard sewer charge, based on their estimate of no more than 100 gallons per day per occupied unit real flow. This is a minimum charge and in no event will the base tap fee be less than one-half (1/2) the standard sewer charge. 2. 3. 4. 5 . The initial tap payment to the City by the Owner will be $66 .500.00, for Engle wood tap fees ; and a Big Dry Creek Interceptor Basin Charge of S4 .i50.00. for a total of $71,250.00. The Owner will deposit into escrow with the City the amount of $71.250 .00, wluch will be used for any additional tap fees . The escrowed funds will be held by the City for tap fees as required pursuant to this Agreement. The City will monitor winter (Nove mber l through Apnl 30). bi-monthly water usage at the Hotel during a five (5) year period. During that time, the Owner will cause to be monitored the water consumption on a daily basis. The Owner will cause to be furnished to the City a report on daily water consumption and the number of rooms occupied on the corresponding days. The Owner will cause the report to be s ubmitted to the City on a monthly basis. If at any time during the five (5) year period . the daily, per occupied unit consumption goes over one-hundred (100) gaJlons per day, the Owner will pay the additional tap fee owed. If the fee is not paid within sixty (60) days. the City will make penodic draws on the escrowed funds to pay to the City additional sewer tap fees based on the amount of flow in excess of one hundred (100) gallons per day as billed by the City of Englewood. If the Owner's daily , per occupied unit usage is less than one hundred (100) gallons per day, the City will not owe the Owner any refund . • I • 0 • • • • .,.-. • /• ... ·, • -.. 6. Additional sewer tap fees will be computed on the basis of two hundred (200) gallons per day being equal to a tap fee of $1,500.00. As an example. if the usage goes over one hundred (100) gallons per day by five (5) gallons per day, then five (5) gallons per day is two and one-half percent (2 1/2%) of the two hundred (200) gallons per day, two and one-half percent (2 1/2%) of one thousand five hundred dollars ($1 ,500) is thirty- seven dollars and fifty cents ($37 .50) times runety-five (95) hotel uruts is three thousand five hundred and sixty-two dollars and fifty cents (S3 .562.50) in additional sewer tap fees . The higher amount. m th.is example the 105 gallons per day per urut. will become the new base line for tap fees. Once the baseline reaches 200 gallons per day, per residential unit, the maximum tap fee will be owed . In no event shall the total tap fees exceed one maximum tap fee per urut. 7 . However, should additional units be added to the proiect a t any time . the tap fees shall be increased by the number of addiuonal uruts. lf the uruts are added after the five (5) year period described in paragraph 5 above . or after a final base line for tap fees has been reached, the tap fees for the new units will be the same as the final tap fees for the original units . 8 . Any accidental discharge of metered water of an unusual and non-recurnng nature where the City is notified witlun 2-t hours of discharge and the Owner ca uses to be provided documentation of the nature and e:otte nt of the discharge may be e:otcl uded from the calculation of the tap fees . The filling of a sw1mmmg pool will not be considered an accidental discharge under tlus paragra ph . 9 . At the end of five (5) years or on the date on which the Owner has paid the additional sewer tap fees associated with an increase in the baseline for tap fees to 200 gallons per day per unit, whichever event shall occur first. the escrowed funds shall be returned to the Owner and the City will no longer monitor water usage except for normal, annual sewer billing purposes. 10. Any additional tap fees paid pursuant to this agreement are tap fees only and shall not be considered sewer treatment charges. Any money owed the City under tlus Agreement is a fee for the sewer tap . 11 . The City and/or it's auditor maintains the right to enter the property to examine the water use records. the hotel occupancy records and to check water meter readings . 12 . The Owner gives the City the right to disconnect the hotel for nonpayment of any tap fees or sewer treatment fees due the City . 13 . This Agreement shall not be assigned by any party without the prior written consent of the other and this agreement shall be binding on a ny s uccessors or assignees . 14 . The Owner confirms it has 95 units in this Hotel and agrees that 1t shall not add additional hotel units to the City of Englewood's sewer system without wntten approval of the City . 2 ,, . ' ~ ' . I • 0 • • • .. ~ ,,.-- • J, ~:.. .. • • ' 15 . Any notice required or permitted by this Agreement shall be in writing, and Ahall be deemed to have been sufficiently given for all purposes if sent by certified mail or registered mail, postage and fees prepaid, addreased to the party to whom such notice ia to be given at the addreBB set forth below , or at such other addreBB as baa been previously furnished in writing, to the other party or parties. Such notice shall be deemed to have been given when deposited in the United States Mail. The notice shall be sent to: CITY OF ENGLEWOOD ATTN: Utilities Department 3400 South Elati Street Englewood, CO 80110 ARAPAHOE CHESTER ES HOTEL. LLC 1512 Larimer Street -Suite 800 Denver. CO 80202 16. This Agreement represents the entire agreement between the Parties and there are no oral or lateral agreements or understandings. Thia Agreement may be amended only by an instrument, in writing, signed by the Parties. If any provision is found to be void by a court of competent jurisdiction. no other provision shall be affected by such holding. All of the remaining provisions shall remain in full force and effect. 1 7 . A waiver by any party to this Agreement or the breach of any term or provision of t his Agreement shall not operate or be construed as a waiver of any subsequent breach by either party. 18 . The parties hereto warrant that the signatories below have full and lawful authority to execute this Agreement on behalf of the Owner and the City of Englewood. Colorado . 19 . The Partiee agree that this agreement shall be recorded in the office of the Arapahoe County Clerk and Recorder . IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first wntten above . CITY OF ENGLEWOOD By:--------------Date :--------- Thomas J . Bums, Mayor ATTEST:----------- Loucrishia A. Ellia, City Clerk 3 . .. . I • 0 J- • • • ~ /'. • ,. :~ j .. ·-• - ARAPAHOE CHESTER ES HOTEL. LLC. a Colorado limited liability company By : Extended Stay General Partner, LLC , a Colorado limited liability company . manager By : Extended Stay Holding Company . LLC . a Colorado limited liability company , manager By: Sage Holding Manager. LLC . a Colorado limited liability company , manager By: Sage Management Services, Inc . ~~· STATE OF COLORADO CITY AND COUNTY OF ) ss. ) .. .. ~ DENVER On tbia ,!',1~ day of '\,,-,,~~ . ~ before me personally appeare~, .._-{, ~ ~-!..,0-. known to me to be the-'i -c,-£\· y ~;2;&-,,c •·,~ of Sage Management Sel'Vlce S. Inc.. J ) the corporation that executed the within and foregoing insuument, and acknow !edged the said instrument to be the free and voluntary act and deed of said corporation for f he uses and purposes therein mentioned, and on oath stated that he was authorized to execute said insirument . ion expires: _lisei.Jlul..l.) ..,1 ;..;' ... ) ---- 4 ' ~ " .. • • ) I • 0 • • • • - ORDINANCE NO. __ SERIES OF 2000 BY AUTHORITY A BILL FOR .. COUNCIL BILL NO. 8 INTRODU~CIL MEMBER-~---~----.,,-_4---_ AN ORDINANCE AMENDING TITLE i , CHAPTER 6F, OF THE ENGLEWOOD MUNICIPAL CODE 1985, WHICH AMENDS THE DEFINITION OF GRAFFITI. WHEREAS, the Englewood City Council passed Ordinance No. 39, Series of 1998, the Nuisance Ordinance which included the current definition of "graffiti"; and • WHEREAS, the current definition of "graffiti" includes a statement which permits "graffiti" if it was placed with the permission of the property owner; and WHEREAS, a subsequent review by the Englewood Code Enforcement Division and the Englewood Code Enforcement Advisory Committee disclosed the discrepancy and how it could substantially degrade the appearance of the City as well as making the current "graffiti" Ordinance non-enforceable ; and WHEREAS , by the passage of the proposed Ordinance the definition of "graffiti" will be amended making the new Ordinance enforceable in the City of Englewood , Colorado; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS : $ectjon 1. . The Englewood City Council hereby amends Title i , Chapter 6F, Section 11, of the Englewood Municipal Code, 1985, by amending the definition of graffiti which shall read as follows : 7-6F-ll: GRAFFITI DEFINITIONS : GRAFFITI: THE DEFACING OF PUBLIC OR PRIVATE PROPERTY BY MEANS OF INSCRIPTION, WORD , OR FIGURE, DONE BY PAINTING, DRAWING, WRITING, ETCHING, OR CARVING WITH PAINT, SPRAY PAINT, INK , Ki'UFE, ETCHING EQUIPMENT OR ANY SIMILAR METHOD WITHOUT WRITT8~1 P8RMl8810~1 OF TH8 OWl>t8RIPROP8M'Y OW~18R. $ectjon 2. Penalty Proyjsjon. The Penalty Provisions ofE.M .C. Section 1-4-1 shall apply to each and every violation of this Ordinance. $ectjon 3. Reatjtutjon : Mandatory restitution shall be required under Section 1-4-7 of the Englewood Municipal Code . -1- • ., .. I . 0 I - • • • 1 t•' ... •-.; • - COUNCIL COMMUNICATION Date Agenda Item Subject: Februa 22, 2000 11 ai Graffiti definition INmATEDBY: STAFF SOURCE: Code Enforcement Adviso Committee David L nn, Code Enforcement Su ervisor COUNCIL GOAL AND PREVIOUS COUNCIL ACTION When the E.M.C.'s nuisance ordinance was rewritten in 1998, the definition of "graffiti" included a statement that allowed graffiti if it was placed with the permission of the property owner. A subsequent review by the Code Enforcement Division disclosed this discrepancy and how it could substantially degrade the appearance of the City, and took the oversight to the Code Enforcement Advisory Committee (C.E .A.C.). The C.E .A.C. concurred in the Division 's observations, and concurred in removing the permissible statement by removing the specific words " ... without written permission of the property owner." from the definitions section (15-1-2) of the E.M.C. RECOMMENDED ACTION Staff desires that the last seven words of the graffiti definition " ... without written permission of the property owner" be removed from the definition. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED See Council Goal and Previous Council Action. Allowing this statement to remain within the definition could have a significant impact in the appearance of the City . For instance , if a commercial property owner simply did not want to go the trouble and expense of removing graff iti from the walls of his building, he would not be required to do so as the E .M.C. is currently written , as long as he were to say he had given permission to the author to apply the graffiti. This could have a significant impact throughout the City, as the current graffiti ordinance would no longer be enforceable. FINANCIAL IMPACT None . LIST OF ATIACHMENTS Proposed Bill for an Ordinance . --~ --...--~---- ,• .. ) I . 0 • • • '. ,. ,. • • - Section 4. Safety Clauses The City Council , hereby finds , determines, and declares that this Ordinance is promulgated under the general police power of the City of Englewood, that it is promulgated for the health, safety, and welfare of the public, and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare . The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained . Section 5. Seyerabjljty If any clause , sentence, paragraph. or part of this Ordinance or the application thereof to any person or circumstances shall for any reason be adjudged by a court of competent jurisdiction invalid, such judgment shall not affect impair or invalidate the remainder of this Ordinance or its application to other persons or circumstances. Sectjon 6 Inconsjstent Ordinances All other Ordinances or portio ns thereof inconsistent or conflicting with this Ordinance or any portion hereof are he reby repealed to the extent of such inconsistency or conflict . Sectjon 7 Effect of repeal or modjficatjon The repeal or modificati on of a ny provision of the Code of the City of Englewood by this Ordinance s hall not r elease . extinguish, alter, modify, or change in whole or in part any pe nalty, forfeiture , or liability, either civil or criminal, which shall have been incurred under such pro~,sio n. and each provision shall be treated and held as still remaining in force fo r the purposes of sustaining any and all proper actions, suits. proceedmgs. a nd prosecutions for the enforcement of the penalty, forfeiture , or liability , as well as for the purpose of sustaining any judgment, decree , or order which can or may be rendered, entered, or made in such actions, suits, proceedings, or prosecutions . Introduced, read In full, and passed on first reading on the 22"" day of February. 2000. Published as a Bill for an Ordinance on the 25th day of February, 2000 . Thomas J. Burns, Mayor ATTEST: Loucrishia A. Ellie, City Clerk I, Loucrishia A. Ellie, City Clerk of the City of Englewood , Colorado, hereby certify that the above and foregoing is a true copy of a Bill for an Ordinance, introduced, read in full, and paaaed on first reading on the 22nd day of February, 2000 . Loucrishia A. Ellis -2- .. . , I • 0 I • • ORDINANCE NO ._ SERIES OF 2000 ,,-. • • - BY AUTHORITY A BILL FOR 1 / o... ·, f AN ORDINANCE AMENDING TITLE 3, OF THE ENGLEWOOD MUNICIPAL CODE 1985, WHICH PERTAINS TO MUNICIPAL OFFICERS AND EMPLOYEES. WHEREAS , the Englewood Municipal Code contains sections which relate to operational aspects of the Human Resources function ; and WHEREAS, the revisions relate to the removal of various administrative policie s and procedures from the Code and placing them into the City of Englewood Administrative Polices and Procedures manual; NOW , THEREFORE , BE IT ORDAl'.':ED BY THE CITY COC:s/CIL OF THE CITY OF ENGLEWOOD , COLORADO , AS FOLLOWS : Sectjon l. The City Council of the City of Englewood , Colorado hereby re pea ls Title 3, Chapter 1, in its entirety and enacts a new Title 3, Chapter l , of the Engl ewood Municipal Code 1985 , which shall read a s follows : TITLE 3 ADMINISTRATIVE POLICIES A.i'ID PROCEDURES. EMPLOYEE ORGANIZATIONS, NEGOTIATIONS AND IMPASSE RESOLUTION PROCEDURES; STRIKES; RETIREMENT PLA.i'IJS. 3-1: ADMINISTRATIVE POLICIES AND PROCEDURES IN ACCORDANCE WITH ARTICLE VII OF THE ENGLEWOOD HOMER 'LE CHARTER THE CITY COUNCIL HEREBY DIRECTS THAT ADMINISTRATIVE POLICIES BE ADOPTED BY THE CITY MANAGER TO REPLACE FORMER CODE SECTIONS RELATED TO : APPEALS AND HEARING OFFICER'S. POSITION CLASSIFICATION, COMPENSATION PLANS, RECRUITMENT , PROMOTION, DEMOTION, TRANSFER, SELECTION/ADVANCEMENT , PROBATIONARY PERIODS, PERFORMANCE EVALl:ATIONS, TR..\lr-il?-.G , RESEARCH AND EXPERIMENTATION, HOURS OF WORK. RECORDS AND REPORTS, SEPARATIONS , CORRECTIVE AND DISCIPLINARY ACTIONS , CONFERENCES, COMPLAINTS AND APPEALS AS WELL AS CONDUCT OF MEMBERS. Section 2. The City Council of the City of Englewood, Colorado hereby repeals Title 3. Chapter IA. in its entirety, of the Englewood Municipal Code 1985. Section 3. The City Council of the City of Englewood, Colorado hereby repeals Title 3, Chapter IB, in its entirety, of the Englewood Municipal Code 1985. -1- • ... I • - • • ,. --· • t . .. • - COUNCIL COMMUNICATION Date Agenda Item Subject February 22, 2000 Municipal Code Revisions Title Ill 11 a ii Initiated By Staff Source Human Resources Department Sue Eaton, Director of Human Resources COUNCIL GOAL AND PREVIOUS COUNCIL ACTION The Englewood Municipal Code currently contains sections which relate to operational aspects of the Human Resources function . RECOMMENDED ACTION Staff recommends Council adopt a bill for an ordinance approving the attached Code revisions . The revisions relate to the removal of various administrative policies and procedures from the Code and placing them into the City of Englewood Administrative Policies and Procedures manual. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED Many of these sections to be removed contain information which has not been updated since 1983 and is not in keeping with current HR practice, some even contain information which conflict with current labor law. FINANCIAL IMPACT None ~-----~---~~ ' I . C, • • ,--· • ... • - Sectjon 4. The City Council of the City of Englewood , Colorado hereby repeals Title 3, Chapter IC , in its entirety, of the Englewood Municipal Code 1985. Sectjon 5. The City Council of the City of Englewood. Colorado hereby repeals Title 3, Chapter ID , in its entirety, of the Englewood Municipal Code 1985 . Sectjon 6. The City Council of the City of Englewood , Colorado hereby repeals Title 3, Chapter IE, in its entirety, of the Englewood Municipal Code 1985 . Sectjon 7. The City Council of the City of Englewood, Colorado hereby repeals Title 3, Chapter IF, in its entirety, of the Englewood Municipal Code 1985 . Sectjon 8. The City Council of the City of Englewood , Colorado hereby repeals Title 3, Chapter IG, in its entirety, of the Englewood ~lunicipal Code 1985 . Sectjon 9. The City Council of the City of Englewood , Colorado hereby repeals Title 3. Chapti;~ lH, in its entirety, of the Englewood Municipal Code 1985. Sectjon 10 . The City Council of the City of Englewood, Colorado hereby repea ls T itl e 3. Chapter 11 , in its entirety, of the Englewood Municipal Code 1985 . Sectjon 11. The City Council of the City of Englewood , Colorado hereby repeals T itl e 3, Chapter lJ, in its entirety, of the Englewood Municipal Code 1985 . Sectjon 12. The City Council of the City of Englewood , Colorado hereby repeals Title 3, Chapter lK, in its entirety, of the Englewood Municipal Code 1985. Sectjon 13 . The City Council of the City of Englewood , Colorado hereby repeals Title 3 , Chapter IL, in its entirety, of the Englewood Municipal Code 1985. Sectjon 14 . The City Council of the City of Englewood . Col orado hereby repea ls Title 3 , Chapter IM , in its entirety, of the Englewood Municipal Code 1985. Sectjon 15 . The City Council of the City of Englewood , Colorado hereby repeals Title 3 , Chapter IN, of the Englewood Municipal Code 1985 Sectjon 16 . The City Council of the City of Englewood , Colorado hereby repeals Title 3 , Chapter 10, in its entirety, of the Englewood Municipal Code 1985 . Section 17 . The City Council of the City of Englewood , Colorado hereby repeals Title 3 , Chapter 3, Section 1, in its entirety of the Englewood Municipal Code 1985. Section 18 The City Council of the City of Englewood , Colorado hereby repeals Title 3, Chapter 3, Sections 2 and 3, in their entirety, of the Englewood Municipal Code 1985 . -2- • ) I • 0 c-~------------·----------- • • • • • - Sectjon 19 . The City Council of the City of Englewood , Colorado hereby renumbers Title 3, Chapter 4, to Title 3, Chapter 2, of the Englewood Municipal Code 1985, to read as follows : CHAPTER 2 EMPLOYEE ORGANIZATIONS a-++ 3-2-1: POLICY STATEMENT: From the effective date of this Chapter, exclusive recognition of an employee organization to represent employees in an appropriate bargaining unit shall be accomplished only by election in the manner set forth herein. the City Council shall designate a Hearing Officer who s hall be responsible for overseeing all elections of an employee organization wlu ch seeks exclusive recognition as the certified employee organization in an appropriate bargaining unit. Petitions for an election may only be submitted for selection. and retention. of a certified employee organization or for clarificat10n or a me ndm ent oi a n appropriate employee bargaining unit. ~ 3-2-2: PETITION FOR SELECTION OF EMPLOYEE ORG . .\..'IIZATION : A petition for selection of a certified employee organization may be filed by an employee or group of employees who qualify for inclusion in an appropriate bargaining unit. or by an employee organization claiming to represe nt employees in an appropriate bargaining unit for the purpose of collective bargaining. ~ 3-2-3: PETITION FOR RETENTION OF EMPLOYEE ORGANIZATION: A petition for retention of a certified employee organization may be filed by an employee or group of employees who qualify for inclusion in an appropriate bargaining unit or another employee organization wishing to decertify an existing certified employee organization. Said petition shall be for the then certified bargaining unit. When deemed appropriate by the Hearing Officer, a petition for retention may also be treat e d as a petition for selection. ~ 3-2-4: TIME FOR FILING PETITIONS: A petition for selection or retention of a certified employee organization may be filed at any time , provided (a ) a valid election for selection or retention has not been conducted in the same appropriate bargaining unit within the preceding twelve (12 ) months; or (b ) there is not then in eJUstence a current and valid collective bargaining agreement. In the event there exists a current and valid collective bargaining agreement, a petition, to be timely , must be filed with the City Clerk more than three hundred tlurty (33 0) calendar days , but not more than three hundred sixty (360) calendar days prior to the expiration date of the effective collective bargaining agreement. A collective bargaining agreement that is prematurely extended or a collective bargaining agreement that has been negotiated and ratified prior to the expiration of the then current collective bargaining agreement, will not bar the filing of a petition; provided said petition is filed more than three hundred thirty (330) calendar days, but not more than three hundred sixty (360) calendar days prior to the expiration of the then current collective bargaining agreement. -3- • ) I • ., 0 • • • -----------------------·-.·---~--------------------------------- ---. • • - 3-++ 3-2-5: SHOWING OF INTEREST ON PETITION FOR SELECTION OR RETENTION: A petition for selection or retention must be signed by at least thirty three percent (33%) of the full-time , classified employees in an appropriate bargaining uni t expressing a particular request with regard to representation. ~ 3-2-6: PETITIONS FOR CLARIFICATION OR Ai\'1ENDMENT : A petition for clarification or amendment of an existing appropriate bargaining unit may be filed at any time by the City or an employee organization: provi ded . however, that only one petition for clarification or amendment may be filed by the s ame p a rty with respect to the same bargaining unit in any one calendar year. No elect ion s h all be allowed or conducted for clarification or amendment. A Hearing Offi cer appo i nted by the City Council shall conduct a hearing on the pe tition fo r cl ar ifica t io n or ame ndment consistent with Section 3-2-11 . Following the h earing, the Heanng Officer shall make a report which shall consist of findings of fa ct a nd a recommendation to the City Council. and the City Counctl's decisio n sh all be effecuv on the date it is rendered and collective bargaining contracts s hall cont:ll n language co nsistent with this Section. a-+-;-3-2-7 : FORMS: An appropriate form or form s for the filin g of t he e n u me r ate petitions shall be available at the office of the Cit y Clerk . Mo& 3-2-8: PROCESSING OF PETITION: A petition for selection or r e t e ntion of a certified employee organization or a petition for clarification or amendment of an existing appropriate bargaining unit must be fil ed with the City Clerk . A cop y of s aid petition shall be simultaneously served upon the City Manager and/or the current certified employee organization. if any. A Hearing Officer appointed by the Ci ty Council shall process the petition and establish all necess ary rules and procedures for conducting an election if an election is to be conducted. If an election is t o b e conducted, the designated Hearing Officer shall schedule a pre-election confer enc e w ith the City and the employee organization(s) involved, to be held within fi ve (5) cale ndar days afte r the petition has been filed with the City . An attempt sh a ll be made to enter into a consent election agreement at the pre-election confe r enc e. Such agreement shall include a description of the appropriate unit, the time and place fo r holding the election and the payroll period to be used in determining t he employees within the appropriate unit that ;hall be eligible to vote . Such consent election s h a ll be conducted within twenty-one (21 ) calendar days of the agree ment unde r the direction and supe rvis ion of the City Election Commiss ion . Approv al by the designated Hearing Officer, the time for conducting the consent e lect io n may b e extended at the request of the City, petitioner, or other interested p a r t ie s for a n additional period not to exceed twenty-one (21 ) calendar days . a+& 3-2-9: PROCEDURE IN ABSENCE OF CONSENT AGREEMENT ON SELECTION OR RETENTION: A. If the parties are unable to enter into a consent election agreement, within seven (7) calendar days of the pre-election conference , the Hearing Officer shall schedule a hearing to be held within fourteen (14) calendar days of the pre-election conference . The Hearing Officer shall do and perform the following functions : -4- • I • 0 ]- • • • • • - 1. Establish, after notice and hearing to both parties, fair and equitable election rules and procedures designed to insure freedom of choice to all employees in the appropriate bargaining unit to determine whether they wish to be represented for purposes of collective bargaining in such a manner that the choice shall be free of restraint, coercion and significant misrepresentation of facts. 2. At the hearing provided for in paragraph A above, the Hearing Officer shall make a report that shall consist of findings of fact and a recommendation as to whether there exists an appropriate bargaining unit. In making such findings and recommendation, the Hearing Officer shall rely on the following factors : a. The unit will insure employees the fullest freedom and the exercise of rights granted under this Title and under the City Charter. b . The community of interest ofthe employees . c. The history of the employee relations in the unit. among other employees of the City , and in similar public employment. d . The effect of the unit on the efficient operation of the public service and sound employee relations. e . The effect on the existing classification structure of dividing a single classification among two (2) or more units . 3 . If the Hearing Officer makes a finding and recommends that there exists an appropriate bargaining unit, the Hearing Officer shall also determine the following issues: a . Whether there is a sufficient showing of employee interest to justify an election. b . Whether a question of representation exists . c. Whether the employee organization named in the petition is qualified . d . Whether there are barriers to an election in the form of an existing contract or prior election. e . Whether the election is otherwise proper under the Charter or ordinances of the City . B. The Hearing Officer shall issue written findings and recommendations within ten (10) calendar days of the close of the hearing which shall contain reasons therefor as to any and all of the matters at issue such written findings and recommendations shall be presented to the City Council for action no later than the second regular Council meeting following the receipt of the Hearing Officer's findings and recommendations, the City Council shall vote to either accept or reject the recommendations of the hearing officer. if the city council approves a recommendation of the hearing officer that there exists an -5- • ' . ) I • 0 - • ,,-. • ' .... • • appropriate bargaining unit and an election should be held, the council shall set the time and place of holding an election and the payroll period to be used in determining the employees within the appropriate bargaining unit that shall be eligible to vote and that the Election Commission shall supervise and conduct the election by secret ballot. 3-+a 3-2-10: OBJECTIONS TO ELECTIONS: A. Any party and the Election Commission official supervising the election may challenge, for good cause, the eligibility of any person participating in the election. The ballots of such challenged persons shall be impounded. Immediately upon the conclusion of the election . the Election Commission shall cause to be furnished to the parties a tally of the ballots. Within five (5) calendar days after the tally of ballots has been furnished . any party may file with the City Clerk a written statement of objections to the conduct of the election or conduct affecting the results of the election , which shall contain a short statement of the reasons therefor. Any party may at this time also fil e objections to the findings and recommendations of the He a ring Offi ce r which were rendered covering those matters se t forth in Sect10n 3--l-9A and B . Copies of such objections shall immediately be served up on the other parties by the party filing them . The party filing objections shall also furnis h to the City Cle rk and all other parties a summary of t h e eVJdence availa bl e to it to s upport the objections. B. If no objections were filed within the time se t forth above , and if any challenged ballots are insufficient in number to affect the results of the election, the City Clerk shall forthwith issue to the parties a certification of the results of the election, including certificatio n of the certified employ ee organization, where appropriate . C. If objections are filed , or if challenged ballots are sufficient in number to affect the results of the election , the City Clerk shall report the obJe ctions to the City Council which will designate a Hearing Offi ce r within fifteen (15) ca lendar days of the election to conduct a post-election hearing. Nothing herein shall be interpreted as precluding the same Hearing Officer serving in both the pre-election and post-election hearing. Within five (5) calendar days after the appointment, the Hearing Officer shall schedule a hearing on the objections and/or challenged ballots to be held within twenty (20) calendar days of hi s appointment. The Hearing Officer's findings and recommendations on all matters in dispute shall be issued within ten (10) calendar days afte r the close of the hearing. The City Council shall review and take action on the Hearing Officer's findings and recommendations at the Council meeting following receipt of such findings and recommendations. if the City Council determines that the objections to the election are sustained, the council shall determine what action, if any, should be implemented. 8-+-H 3-2-11: HEARING PROCEDURES FOR PETITION FOR CLARIFICATION OR AMENDMENT: A. A hearing to be held by a Hearing Officer appointed by the City Council to determine the following issues shall be held within fourteen (14) calendar days of the filing of the petition for clarification or amendment. -6- • 0 I • 0 - • • • • • - 1. Whether a petition was properly filed and is otherwise proper under dus Title and under the Charter of the City of Englewood. 2 . Whether the amendment or clarification is consistent with the concept of appropriate employee representation units as contained in Subsection ~ 3-2-9A2. B . The Hearing Officer's written findings and recommendations shall be issued within ten (10) calendar days after the close of hearing and contain reasons therefor as to any or all of the matters at issue. The Hearing Officer's findings and shall be acted upon by the City Council at its next regular meeting following receipt of such findings and recommendations . Sectjon 20. The City Council of the City of Englewood , Colorado hereby renumbers Title 3, Chapter 5, to Title 3, Chapter 3, of the Englewood Munici pal Code 1985 . to read as follows: TITLE 3, CHAPTER 3 NEGOTIATIONS AND IMPASSE RESOLUTIONS PROCEDURES, STRIKES 3-i-l-3-3-1: STATEMENT OF POLICY: It is the public policy of the people of the City to promote harmonious , peaceful and cooperati\·e relationships between the elected and appointed officials of the City and the members of the classified se rvic e and to protect the public by assuring, at all times , responsible . orderly and uninterrupted operation of government services and where necessary to provide for and regulate such matters of local concern. Since unresolved disputes in the public service are injurious to the public and to the government of the City and City employees , there is hereby provided, for full-time, classified employees in an appropriate bargaining unit, the right to bargain collectively concerning certain subjects with the City as employer through a certified employee organization and a method for resolving impasses in such bargaining as hereinafter provided . The establishment of this method of resolving such impasses shall be deemed to be a recognition of the propriety of providing an alternative mode of settling disputes where public employees . as a matter of public policy , and in recognition of the desirability of maintaining a balance in the labor management relationship, must be denied the right to strike. 3,-64 3-3-2: ENTITLEMENT TO BARGAIN WITH THE CITY: Only full-tim e. classified employees in an appropriate bargaining unit have the right to bargain collectively with the City through their certified employee representative towards securing a collective bargaining agreement. Only an employee organization that has been certified by the Career Service Board prior to November, 1995 or thereafter by the City Council shall be entitled to engage in collective bargaining with the City. 3-6-3-3-3-3: SCOPE OF THE COLLECTIVE BARGAINING AGREEMENT: The collective bargaining agreement between the City and the certified bargaining representative shall consist of any and all terms actually agreed upon by the parties, which terms are not otherwise inconsistent with the ordinances or Charter of the City. The collective bargaining agreement shall be for a term of not less than one year, nor more than three (3) years; provided , that all collective bargaining agreements entered into shall be effective on a January 1 date and shall terminate on a December 31 date . -7- • I • 0 • • .•. • - 3-6-+ 3-3-4: COMMENCEMENT OF NEGOTL<\TIONS: The obligation to meet at responsible times and negotiate in good faith shall commence on or prior to May 15 of any applicable year in which the bargaining agreement expires or in which collective bargaining is otherwise proper under this Title . This obligation shall be initiated by a request from either the City or the certified employee representative which outlines the specific subjects upon which bargaining shall be s ought. Either party, however, shall be permitted to raise additional subjects for bargaining in their first counter proposal. Only those mandatory economic subjects so raised and upon which the parties are at an impasse may be referred to the arbitrator for impasse resolution. W-6-3-3-5: RATIFICATION OF AGREEMENT: A . By the City . A collective bargaining agreement s hall not be effective between the parties or binding upon the City until such time as the City Council approves and ratifies the terms of s aid collective bargaining agreement. Upon tentative agreement with the authorized representative of the City. the City shall forthwith present said agreement to City Council for its approval and ratification , and shall make every reasonable effort to secure said approval and ratification . B . By the Certified Employee Organization. Upon tentative agreement w i t h the City, the certified employee organization and its officers s h all forthwith pre sent said agreement to its members for their approval and ratification , and s h all make every reasonable effort to secure said approval and ratificat10n . 3-M 3-3-6: IMPASSE RESOLUTION : Impasse resolution shall be conducted in accordance with the provisions of the City Charter, Section 137 :6. a+,;-3-3-7 : STRIKES PROHIBITED: A. The protection of the public health , safety and welfare demands that neither the certified employee representative , nor any employee organization, nor any employees of the City, nor any person acting in concert with them , will cause, sanction or take part in any strike. B. C . In the event a certified employee representative engages in a ny conduct which falls w1tlun the d efinition of "strike" herein, such violation shall be cause for the Ci ty to te rminate the collective bargaining agreement w ith said certified employee represe ntative and/or withdrawal of recognition of the certified employee representative upon giving written notice to that effect to the chief representative of s aid certified employee representative or employee organization, in addition to whatever other remedies may be available to the City at law or in equity. In the event an employee or employees engage in any conduct which falls within the definition of "strike" herein. such violation shall constitute just cause for immediate discharge of said employee , in addition to whatever other remedies may be available to the City at law or in equity . The City shall not be required to pay any employee any portion of his/her salary or fringe benefits while engaging in activity in violation of this Section . It is expressly recognized that the City has the right to selectively disciplme, up to and including discharge, any employee or employees whose conduct falls within the definition -8- ) I • 0 • • • -· • • .. • -' of this Section without having to discipline all employees whose conduct falls within the definition of this Section. An employee or terminated or disciplined by the City under this Section shall have the right to grieve said disciplinary action. thr1111gh the "E>ieeipltnm, !,ppee", Seel!i1111 a Ul 9. Sectjog 21. The City Council of the City of Englewood , Colorado hereby renumbers Title 3, Chapter 6, to Title 3, Chapter -l , "City of Englewood NonEmergency Employee s Retirement Plan and Trust As Amended And Restated Effective January 1, 1999'", in its entirety of the Englewood Municipal Code 1985, to read as follows : CHAPTER 4 CITY OF ENGLEWOOD NONEMERGENCY EMPLOYEES RETIREMENT PLAN AND TRUST AS AMENDED AND RESTATED EFFECTIVE JANUARY 1, 1999 3-6-i 3-4-1: PURPOSE: Effective as of January 1, 1999, the City Council of the City adopted the am end ed and restated Plan, as set forth herein. to continue and replace the Plan preV1 ous ly in effect. The Plan and Retirement Fund are intended to meet the requireme nts of Sections 40l(a) and 50l(a) of the Internal Revenue Code of 1986. as ame nded . Th e Plan previously known as the "City of Englewood Retirement Plan" shall here mafter be known as the "City of Englewood Nonemergency Employees Retirement Pl a n". The Plan and the Retirement Fund forming a part hereof, were establis hed and shall be maintained for the exclusive benefit of the eligible Employees of the City and their Beneficiaries. No part of the Retirement Fund can ever revert to the City except as hereinafter provided, or be used for or diverted to purposes other than the exclusive benefit of the Employees of the City and their Beneficiaries. This amendment and restatement of the Plan shall not , in any way , affect the rights of former Employees who participated in said Plan and who either retired or otherwise terminated their employment prior to January 1, 1999. The rights , if any, of such former Employees and of their Beneficiaries and the amounts of their benefits , if any , shall continue to be governed by the provisions of the Plan as it was in effect on December 31 , 1998, or the date , if earlier, of their retirement or termination of employment, unless specifically provided for otherwise herein . 3-+-I 3-4-2: DEFINITIONS AND CONSTRUCTION : ~ 3-4-2-1: NAME : The retirement income plan as set forth in this document shall be known as the City of Englewood Nonemergency Employees Retirement Plan and Trust and 1s hereinafter referred to as the "Plan." -9- • ' . ., ... I • 0 - • • • ,. • •· •,, • - ~ 3-4-2-2: DEFINITIONS: Unless the context otherwise requires, the definitions and general provisions contained in this Subsection govern the construction of this restated Plan. A. "Accrued Benefit" means the benefit determined in accordance with Section 3-G,-;-3.4. 7 hereof. B. "Accumulated Contributions" means the sum of the Member's contributions to this Plan, credited with interest thereon at the rate of 3.5% per annum . C . "Actuarial (or Actuarially) Equivalent" means equality in value of the aggregate amounts expected to be received under different forms of pay ment based on interest rate and mortality assumptions as defined below unless otherw ise specifically provided in the Plan: D. E . 1. Interest Rate Assumption for Alternative Periodic Be ne fit s . The in te rest rate used for purposes of computing alternative pe r iodic fo rm s of be n efits shall be 7.5% effective January 1. 1986 . 2 . Interest Rate Assumption for Single-Sum Paym en ts . Effective fo r the calendar year beginning on January 1, 1986 , and for each cale nda r year following sequentially thereafter. the interest r ate used fo r purposes of computing single-sum payments shall be the immediate a nnuity rate (subject to adjustment as required for deferred annuities) used by the Pension Benefit Guaranty Corporation as of the J a nuary 1 co incid e n t with or preceding the date as of which the amount of t h e alternative form of benefit is being determined hereunder. 3 . Mortality Assumption. a . b . Effective July 1, 1999, the mortality assumption for calculation shall be a unisex rate that is fifty percent (50%) male, fifty percent (50%) percent female , taken from the 1983 group annuity mortality table . prior to July 1, 1999, such mortality a ssumption shall be a unisex rate that is fifty percent (50%) male , fifty percent (50 %) female, take n from the 1971 group annuity mortality table . Solely for purposes ofSectiona-6-1-6 3-4-16. here of, on and after January 1, 1995 , the mortality assumption for calculation shall be a unisex rate that is fifty percent (50%) male , fifty percent (50%) female , taken from the 1983 group annuity mortality table . "Beneficiary" means the person or persons who are so designated by the Member, in the latest written notice which the Member has filed with the Retirement Board, to receive any payment to which a Beneficiary may become entitled under this Plan . "Board" or "Retirement Board" means the Board appointed by the City Council and charged with the general administration of the Plan as set forth in Section 3-6-11·1 hereof. F . "City" means the City of Englewood, State of Colorado. -10- ') I • 0 • • • ,. ,,,-. • • - .. G . "City Council" means the City Council of the City . H. "Code" or "Internal Revenue Code'' means the Internal Revenue Code of 1986 26 USC (1986), as amended from time to time . I. "Compensation" means the total cash remuneration paid to an Employee for a calendar year by the City for personal services as reported on the Employee 's income tax withholding statement or statements (Form W-2. or its subsequent equivalent), including longevity pay and excluding bonuses, extra pay, compensation time, overtime , lump-sum payments in lieu of accrued vacation time, sick leave, or personal leave, worker's compensation and any contribution by the City under this Plan, or the like , but including any compensation that the Employee has elected to have deferred under Section -l5i and Section 125 of the Internal Revenue Code . Effective January 1, 1989, the amount of a Member's compensation for the purposes of the Plan during any Plan year shall not exceed two hundred thousand dollars ($200.000 .00 ) s ubj ect to cost-of-living adjustments in accordance with Code Section -l l5 (d). In addition to other applicable limitations set forth in the plan. and notwithstanding any other provisi on of the plan to the contrary, for plan yea r s beginning on or after January l. 1996, the annual compensat io n of each "noneligible member" taken into account under the plan shall not exceed the Omnibus Budget Reconciliation Act '93 annual compensation limit . The OBRA '93 annual compensation limit is $150 ,000 , as adjusted by the commissioner for increases in the cost of living in accordance with Code Section 40l(a) (17) (b). the cost of living adjustment in effect for a calendar year applies to any period, not exceeding 12 months, over which compen sation is determined (determination period) beginning in such calendar year. If a determination period consists of fewer than 12 months, the OBRA ·93 annual compensation limit will be multiplied by a fraction , the num erator of which 1s the number of months in the determmation period. and the den ommator of which is 12 . A "noneligible membe r·· 1s any member who first became a member in the plan during a plan year beginning on or after Janua ry l. 1996 . Effective January 1. 1989 , through December 31, 1996, in determining the compensation of a member for purposes of this limitation. the rules of Code Section 414 (q) (6). shall apply , except in applying such rules, the term 'family ' shall mclude only the spouse of the member and any lineal descendants of the member who have not attained age 19 before the close of the year, effective January l , 1989 through December 31 , 1996, if, as a result of the application of such rules the adjusted annual compensation limitation is exceeded then the limitation shall be prorated among the affected individuals in proportion to each such individual's compensation as determined under this Subsection a 6 B ii! ~il 2-l0-2-2(i), ofthe Englewood Municipal Code prior to the application of this limitation. J . "Credited Service" means the penod of Service rendered by an Employee as a Member for which credit is allowed . K . "Disability" means a physical or mental condition which entitles the Member to receive a disability income under the long-term disability insurance contract maintained by the City . -11- • ) I • 0 • • ------"":'""--~-----------------.--~------------------~ -----~--- • . .--. • ··•,. • - L . "Effective Date of this Plan'' means January 1, 1970 . This amended and restated Plan is effective as of January 1, 1991. M . "Employee" means any person employed by the City on a permanent, full-time basis as defined in the City Personnel Policy and Procedures. For the purposes of this retirement plan. police officers , paid firefighters and elected officials shall not be considered to be Employees . Effective January 1, 1987. included as employees are leased employees within the meaning of Code Section 414(n)(2 ) except that if such leased employees constitute less than twenty percent (20%) of the nonhighly compensated workforce within the meaning of Code Section 414(n)(l )(C)(ii), then the term "Employee" will not include those leased employees covered by a plan described in Code Section 414(n)(5) unless otherwise provided by the terms of this Plan. N. "Exempt Employee" means an Employee having one of the foll owing titles as defined by City Personne l Policies and Procedures : Ci t y Manage r , Assis tant City Manager, any Department Head, Municipal Court Judge . Cit y Attorney, and Assistant Cit y Attorney . Effective January 1. 1988 , "Exemp t Employee " shall also incl ude a ny manage ri al , supervisory or confidential e mpl oyee a s defined by Ci ty Personnel Policies and Proce dures. 0 . "Final Average Monthly Co mpensation·• means 1/36 of a Me mbe r 's t otal Compensation during the thirty-si.,: (36) con s ecutive full calendar months (determined without the inclusion of any Bre ak in Se rvice) within the las t one hundred twenty (120) completed full calendar months of employ ment with the City which yield the highest average Compe nsation. In the event the Member was employed for few e r tha n thirty-six (36) co n sec utive full calenda r m onths . such average monthly compensation s hall be base d on his Compensation for the thirty-six (36) s ucces sive full months during his last one hundred twenty (120) full calendar months of employment with the City that would yield the highest average , or his full period of such employment. if less than thirty-s ix (36) months . P . "Insurance Company" means any insurance company or companies appointed by the City Council for long-term disability coverage . or as provided in Subsection~ 3-4-12-3 hereof. Q . "Leave of Absence" means any absence authorized by the Employe r unde r s u ch Employer's standard personnel practices, provided that all persons under similar circumstances must be treated alike in the granting of s uch Leave of Absence, and provided further that the Employee returns Jr retires within the period specified in the authorized Leave of Absence . R. S . "Member" means any person included in the membership of this Plan as provided in Section a-&-a. 3-4-3 hereof. Effective January 1, 1987 , excluded as members are leased employees within the meaning of Code Section 414(n)(2). "Normal Retirement Age" means age sixty-five (65). T . "Normal Retirement Date" means the first day of the calendar month coincident with or next following the sixty-fifth (65th) birthday of the Member. -12- • ) I • 0 • • • • ,. • - U. "Plan" means City of Englewood Nonemergency Employees Retirement Plan AND TRUST, as amended from time to time. V. "Plan Administrator" means the Retirement Board of the City. W. "Plan Year" means the calendar year starting January 1 and ending December 31. X. "Previous Plan" means the City of Englewood Retirement Plan (including any predecessor plan(s) thereto) in force and effect for the period prior to January 1, 1999, the Plan hereby being amended and restated. Any reference herein to the Previous Plan as of a certain date or for a certain period shall be deemed a reference to the Previous Plan as then in effect. Y. "Retired Member" means a former Member whose employment terminated by reason of retirement or Disability and who is receiving or is entitled to receive , or whose Beneficiary or estate is entitled to receive , benefits under this Plan. Z . "Retirement Benefit" or "Pension" means any Retirement Benefit provided fo r in Section~ 3-4· 7 hereof. AA. "Retirement Fund" or "Fund" means the "City of Englewood Nonemergency Employees Retirement Fund," maintained by the Retirement Board or in accordance with the terms of the Trust Agreement, amended from time to time, which constitutes a part of this Plan. BB. "Service" means a person's period or periods of employment as an Employee used in determining eligibility or the amount of benefits as described in Section a-&-+ 3.4.4 hereof. CC . "Trustee" means any qualified and acting Trustee appointed by the City Council as Named Fiduciary for the investment and management of Plan assets , as provided in Section~ 3-4-12 hereof. DD . "Vested Member" means a former Member whose Credited Service has terminated by reason other than retirement or Disability and who is entitled to receive, or whose Beneficiary or estate is entitled to receive , benefits under this Plan. A Vested Member shall become a Retired Member upon the actual commencement of benefit payments. 3-6-W 3-4-2-3: CONSTRUCTION: The masculine gender. where appearing in the Plan, shall be deemed to include the feminine gender and words used in the singular shall include the plural unless the context clearly indicates to the contrary. Words such as "hereof," "herein," and "hereunder," shall refer to the entire Plan, not to any particular provision or section. The Plan and Trust shall each form a part of the other by reference and terms shall be used therein interchangeably . -13- • I • 0 • • ,. .,-. • t , .,. • -.. ~ 3-4-3: MEMBERSHIP: ~ 3-4-3-1: EMPLOYEES ON JANUARY l, 1970: Every person who was an Employee of the City on January 1, 1970 could become a Member in the Plan on such date by properly filing with the Retirement Board, on or before such date. the form of membership agreement furnished for that purpose . Any such person who did not file the form of membership agreement on or before such date may thereafter file such memberslup agreement and become a Member on the first day of any subsequent month. ~ 3-4-3-2: EMPLOYEES HIRED AFTER JAJ'ljUARY 1, 1970: For each Employee hired after January 1, 1970, membership in the Pl an s h all be :i condition of employment and each Employee shall become a ~!ember on t he date of employment. Such Employee shall be required to compl ete the fo rm of mem be r hip agreement at the time of employment, election or appointment. exce pt as foll ow ": A. The City Council may . by ordinance . establish option a l pension or defe rred compensation plans for Exempt Employees . Cp on es t ab!Jshm e n t of :iny such optional plan(s), an Exempt Employee may at !us option elec: to co me witlun the provisions of such plan: provided . however , that a n Exempt Employee may not concurrently be a ~!ember of more than one r etire me nt pl:in to wh ich the City is making contributions on his behalf during lu s employm ent by the City . In the event that any said Exempt Employee of the City . wh o is prese ntly a Member of the Plan, elects to come within the pro,isions of any othe r retirement plan establis hed by the City Council and fund ed all or m part by the City , he shall have the option to become a Vested :M e mb e r of the Plan (regardless of whether or not he has completed fi ve (5) yea r s of Cr edited Service) or to withdraw from the Plan the amount calculated under Section ~ 3-4-10-2 hereof. B . Exempt Employees of the City who are ~!embers of the Plan s hall , w1tlun si x (6) months from the institution of any optional plan(s) by the City Council. elect whether or not to become a member of any optional plan(s). Said election to become a member of the new plan or to remain a ~!ember of the Plan shall be irrevocable. C . Those Employees who may become Exempt Employees by promot ion or appointment or otherwise . shall have si."tty (60) days from the effective date of their appointment in said Exempt position in which to elect either to remain in or to become a member of one or any other optional plan. The election to become a member of another plan shall be irrevocable . D. City Council has previously designated the International City Management Association Retirement Corporation Deferred Compensation Plan (''ICMA-RC Plan") which is established under Section 457 of the Code as an optional plan to which the City would make contributions on behalf of Exempt Employees who elect this option. E . City Council has established the managerial, supervisory or confidential ICivlA- RC Money Purchase Plan for managerial supervisory or confidential employees -14- • . ) I • 0 • • • --. • • - effective January 1, 1988 as an optional plan to wluch the City shall make contributions on behalf of any Exempt Employee who elects this Plan. ~ 3-4-3-3: TERMINATION: Membership of any Member shall terminate if and when he shall cease to be an Employee for any reason , except as provided m Subsection~ 3.4.4.3 hereof. 3-6-+ 3-4-4: CREDITED SERVICE: ~ 3-4-4-1: CREDITED SERVICE : Credited service shall be used to determine a Member's Accrued Benefit and eligibility for benefits under the Plan. A Member's Credited Service is the elapsed time period from his date of employment with the City , as an Employee, to his date of termination of such employment, except as provided below . 3-6+1 3-4-4-2: LIMITATION ON CREDITED SERVICE : A. No period of Credited Service shall be deemed to be increased or extended by overtime. B. Credited Service shall not include any period of time during wluch the Member is on an approved Leave of Absence or interruption of Service as provided in Subsection~ 3.4.4.3 hereof. C. Periods of employment with the City prior to the date the Employee became a Member shall not be included as Credited Service unless such an Employee (1) elected to become a Member of the Plan on January 1, 1970 pursuant to Subsection~ 3-4-3-1 hereof, or (2) is covered under the provisions of Section Subsection ~ 3-4-4-3 hereof. D. Credited Service shall not include any period on the basis of which a Retirement Benefit is payable under any other defined benefit retirement or pension plan to which the City made contributions, other than benefits payable under the Federal Social Security Act or the Volunteer Firefighters' Pension Fund. E . Credited Service shall not include any period oftime for which the City contributes on behalf of an Exempt Employee to the ICMA-RC Plan or any other optional deferred compensation plan in lieu of this Plan, as provided in Subsection~ 3-4·3-2 hereof. F . Credited Service shall not be extended beyond a Member's date of termination for Jump-sum payments in lieu of accrued va cation, sick leave or personal leave. G . Credited service shall not include any period oftime that a member continues working for the City after commencement of the member's participation in the deferred retirement option plan pursuant to Section~ 3-4-7-8 . -15- • ) I • 0 • • • ,. --. • ,. • -.. 3-6-,4,-3 3-4-4-3: BREAK IN SERVICE: A Member shall incur a Break in Service if his Service as an Employee terminates and he does not return to Service as an employee within twelve (12) months of the date such Service terminated . The Retirement Board shall have the power to determine when a Break in Service shall have occurred, and such determination shall be made in a nondiscriminatory manner. The following shall not be considered a Break in Service : A. A temporary lay-off because of an illness or for purposes of econom y, suspension. or di smissal. followed by death, or reinstatement, r ee mploy me nt or reappointment within one (1 ) year. B. A formal Leave of Absence , duly approved by the City :'vtanager for a s pec ifi c period , followed by de a th or by reinsta tement, reemployment or r eappointm ent w1thm tlu.rty (30) days after termination of the Leave of ,\bsence . C. Any Employee or any '.\!ember who is on a Leave of Absenc e on acco unt of entering into the military service of the United States (including se r vtce in the United States Merchant Marine in time of war) shall , in the abse nce of reasonable justification for additional delay , return to the Se rvi ce of the 1ty within ninety (90) days after the time when a discharge fr om s uch military service was first available to such Employee. In the event that a :Vl em ber or employee does not return to the Service of the City within the time pe cified above . such Leave of Absence shall be considered a Break in Se TV1c e . Notwithstanding any provision of the plan to the contrary. contributions . benefits and service credit with respect to qualified military se r\'!ce will be provided in accordance with Code Section 41-1 (u). D. The period during any Leave of Absence or interruption of Se r .;ce shall not however, be included in Credited Service. Effective as of August 5, 1993, a leave of absence pursuant to t he Family and Medical Leave Act of 1993, shall not be considered a break in service ; however , the employee will not receive any service credit during s uch an absence . After January 1, 1987 , if any former Member (vested or nonvested) returns to Service as an Employee within five (5 ) years after his date of termination. or if a former Vested Member returns to Service as an Employee after such five (5) years but without receiving any single-sum payment hereunder, then applicable prior Credited Service shall be restored . Otherwise such prior Credited Service shall be permanently lost, subject to the further provisions of this Subsection o-G-+-3-3-4-4-3. If any such rehired Member, who had returned to Service as an Employee within five (5) years after the date of termination , had received a single-sum payment in lieu of Retirement Benefits , an actuarial reduction shall be made in his Retirement Benefits under Subsection~ 3-4-16-1 hereof unless he repays the Fund within twenty four (24) months of rehire , such single-sum amount, with interest at the rate determined under Subsection 3 6 a ac2 3-4-2-2C2 hereof (interest rate -16- • • ) I • 0 - • • • '¥ •' ---. • • - assumption for single-sum payments) from the date the Member received the payment to the date of repayment. Members of the Plan as of January 1, 1987 , who were previously covered by the Plan but, due to a prior termination of employment, received such a single-sum payment, and were then reemployed by the City regardless of the time that expired between their termination date and reemployment date , shall have until July l, 1989, in order to elect to repay such single-sum amount and thereby avoid such actuarial reduction. The amount to be repaid shall be calculated as set forth and must be repaid by July 1, 1989. Any former nonvested Employee who returns to Service as an Employee more than five (5) years after his date of termination and who is a :\<!ember of the Plan as of January 1, 1987, shall have until Sept ember 30, 1987 to m a k e written application to the Retirement Board to have his prio r Credited Service . if any, restored . The Retirement Board shall revi ew such applicatio n and s h a ll determine on a nondiscriminatory basis, whether s uch prior Cre dited S e n n ce shall be restored , and shall inform the '.'.!embe r of it s dete rminatio n by December 31 , 198 7. Any Member of the Plan who was an Emp loy ee on J a nua r y 1. 19 70 a nd who d id not elect to become a Me mber of the Plan on J a nuary 1, 197 0 purs u ant to Subsection~ 2-10-3-1 hereof will , a s of January 1. 1987 , rece ive cr edit for all service prior to the date he actually became a '.\1ember of the Pla n . S uch a Member may elect in writing, prior to July l , 1988, to pay a s ingle sum amount determined on the basis of the amount of accumulated contributio n s that said Member would have accumulated in the Plan as of July 1. 1988 h a d he elected to become a Member of the Plan on January 1, 1970 and made t he required contributions each year on the basis of compensation he received e a ch year. If the Member elects not to pay the single sum amount, his r e tire m e nt benefit determined under Subse ction~ 3-4-7-1 he reof s hall be re duce d by the actuarial equivalent of the s ingle s um paym e n t due a s of July 1. 1988 . ~ 3-4-4-4: EFFECT OF OTHER PLANS : Credited Service shall not include any period on the basis of which a Re tirement Be nefit is payable under any other defined benefit retire me nt or pens ion pl a n to which the City made contributions, other than benefits payable under the Fede ral Social Se curity Act or the Volunteer Firefighters' Pension Fund. Credited Service s hall n ot include any period of time for which the City contributes on behalf of an Exempt Employee to the ICMA-RC Plan or any other optional deferred compens atio n plan in lieu of this Plan, a s provided in Subsection ~ 3-4-3 -2 hereof. ~ 3-4-4-5: MISCELLANEOUS: No Period of Credited Service shall be deemed to be increased by overtime. A year of Credited Service shall be given for each three hundred sixty five (365) day period . be ginning with the first day of employment, which elapses while the employee is entitled to Service Credit under the above provisions of Subsection~ 3-4-4 hereof. -17- • ) I • 0 - • . .. ,,.-. • • - 3-M-3-4-5: CONTRIBUTIONS : ~ 3-4-5-1: MEMBER CONTRIBUTIONS: ' Effective January 1, 1976, no Member will be required or permitted to contribute to the Plan. M-6-ll 3-4-5-2: CITY CONTRIBUTIONS: The City will, from ti.me to time and at least annually, make contributions to the Trust Fund to the extent necessaey to finance the benefits provided by the Plan on a sound actuarial basis. The City expects to continue such contributions to the Plan. but assumes no responsibility to do so and reserves the right to suspend or to reduce contributions at any time . ~ 34-5-3: APPLICATION OF FORFEITURES: Any amount forfe ited because of the termination of employment of a Member prio r t o hi s having acquired a fully vested right to Retirement Benefits , because of the death of any member. or for any other reason , shall not be applied to increase the benefits which would otherwise be payable to any other Member . The amounts so forfeited s hall be applied a s soo n as possible to reduce the contributions required t o be m ade by the City . I.+& 3-4-6: RETIREMENT DATES: ...._. 34-6-1: NORMAL RETIREMENT : All permanent. full -time Employees of the City shall become one hundred percent (100%) vested upon attainment of their Normal Retirement Age and may retire at any tune thereafter. The effective date of retirement under the provisions above shall be the first day of the first month following the month in which such Employee actually retires from the employment of the City . 3-6+& 34-6-2: EARLY RETIREMENT : A. Regular Early Retirement: A Member or Vested Member who has attained the age of fifty.five (55) years and has completed at least five (5) years of Credited Service may elect to retire under Regular Early Retirement and have benefit payments commence as of the first day of any calendar month, which shall not be less than thirty (30) nor more than ninety (90) days after the filing of written notification with the Retirement Board. B . Special Early Retirement: A Member shall be eligible for Special Early Retirement as of the first day of any calendar month if his employment terminates after he has attained the age of fifty.five (55) and the sum of his age plus his Credited Service at termination equals eighty-eight (88) or more . Such a Member may elect Special Early Retirement upon the filing of written notification with the Retirement Board not Jess than thirty (30) nor more than ninety (90) days prior to the date benefit payments are to commence . -18- • ) I • 0 - • • -• ,.,-. '· ,. 3+&-3-3-4-6-3: DELAYED RETIREMENT : • • -' Every Member upon reaching his sixty-fifth (65th) birthday shall be fully vested in the benefits earned prior to such date and shall be eligible to retire under the Plan. However, any Member eligible for normal retirement may elect to delay his retirement date as permitted by the City Personnel Policies and Procedures. Hi s delayed retirement date shall be the first day of the month, coincident with or next following the date of his actual retirement. As a condition precedent to continuance in employment beyond the Normal Retirement Date, the Member s hall file with the Retirement Board the written designation of a Beneficiary. whether or not the Member elects an optional benefit in accordance with Section 3-6-& 3-4-8 hereof. 3-6-G-+ 3-4-6-4: DISABILITY RETIREMENT : Any Member who is disabled pursuant to Subsection a 6 3 2E},) 3-4-2-2(K) hereof shall qualify for Disability retirement as provided herein. Payment of a Di s ability Retirement Benefit shall commence on the first day of the m onth next following hi s Normal Retirement Date. The last payment shall be made as of the fir st day of the month in which the death of the Retired Member occ urs or his Di sab1l.Jty ceases, whichever first occurs. If Disability ceases on or after the Members :>formal Re tireme nt Date and he does not return to full-tune employment with the Ci t y . !us Di sabili ty Retirement Benefit shall be continued m the same m a nner as if hi s D1 sa b1lity had continued . If the Retired Member's Disability ceases prior to his Normal Retirem e nt Date and h e is not reemployed by the City , and if he had met the requirements for an early or deferred vested Retirement Benefit on the date of hi s retirement from Disability, he shall be entitled to receive , commencing on the first day of the month next following hi s Normal Retirement Date, a Retirement Benefit equal to the early or deferred vested Retirement Benefit to which he would have been entitled, as of the d a te of his disablement. Such Retirement Benefit to be calculated shall consider the Credited Service he could have received during the period of his Disability . If the '.\1 e mbe r requests the commencement of his early or deferred vested Retirement Bene fit as of the first day of the month next following his fifty fifth (55th) birthday, or a s of the fir st day of any subsequent month which precedes his Normal Retirement Date . !us Retirement Benefit shall commence as of the beginning of the month so requested , but the amount thereof shall be reduced in accordance with Subsection~ 3-4 -7 -2 hereof based on the number of years by which the starting date of the Retireme nt Benefit payments precede the Member's Normal Retirement Date . If Disability ceases before a Retired Member attains his Normal Retirement Date and the Member is reemployed by the City, the Retirement Benefit payable upon his subsequent retirement shall be determined in accordance with the provis ions of Subsection 3-6-;:.+ 3-4-7-1 hereof including Credited Service for the period that he was disabled . Notwithstanding any other provision of this Section, no Member shall qualify for a Disability Retirement Benefit if the Board determines that his Disability results from an addiction to narcotics or hallucinogenic drugs. an injury suffered while engaged in a felonious or criminal act or enterprise, or service in the Armed Forces of the U nited States which entitles the Member to a veteran's disability pension. -19- • ,. I • 0 - • • • _,,-· . • . ,. • - Disability under the Plan shall be considered total and permanent if it is determined by the Board that the Member is eligible and receiving disability be nefits from the long-term disability insurance contract maintained by the City. Disability shall be considered to have ended if. prior to his Normal Retirement Date. the Member is no longer eligible for benefits from the long-te rm disability insurance contract maintained by the City. ~ 3-4-6-5: REQUIRED DISTRIBUTION OF RETIREMENT BENEFITS: Notwithstanding any other provision of this Plan, distribution of Benefits under this Plan shall commence not later than April l of the calendar year following the later of the calendar year in which the Member attains age seventy and one -half (iO 1/2) or the calendar year in which the Member retires. a-&-;-3-4-7: RETIREMENT BENEFITS: ~ 3-4-7-1: NORMAL OR DELAYED RETIREMENT : t:pon retirement at or after his '.'fo rmal Retireme nt Dat ~. each Retire d ~!e m be r sh all receive a mont hly Retirement Benefit equal to one and ,me h alf perce nt (l 1/2 %) of the Member's Final Average l\lonthly Compensation multiplied by the t ot a l numbe r of year s (i ncluding fractional years) of the Members Credited Service . a.&-;-a 3-4-7-2: EARLY RETIREMENT : A . Regular Early Retirement. A Member or Vested Member, eligible fo r Regular Early Retirement and retiring prior to his :10rmal Retireme n t Date , shall be entitled to a reduced Retirement Benefit which shall be his Accrue d Be nefit on his Regular Early Retirement date . reduced by one fourth of one pe rcent (.25 %) for each month by which the pay ment commences prior to the fir st of the m onth following his No rmal Retireme nt Date . B. Special Early Retirement. A Member who meets the requirements for Sp.,cial Early Reu.rement shall r eceive a monthly amount computed as for a ~lo rmal Retirement Benefit considering his Credited Service to the date of his actual Retireme nt, payable without reductio n for early commencement. ~ 3-4-7-3: DISABILITY RETIREMENT: A Member who meets the requirements for a Disability Re tirement Benefit as a r esult of receiving payments from the City's long-term disability insurance contract shall receive a monthly amount commencing on the fir st day of the month next foll owing his Normal Retirement Date and compute d as for a normal retirement under Subsection a-6-H 3.4. 7 -1 hereof, considering !us Final Average Monthly Compe n sation at the date of his retirement from Disability and Credited Service for the period he received long-term disability benefits from the City's long-term disability insurance co ntract. -20- • ) I • 0 • • • • . .... • - 3-6,..;.+ 3-4-7-4: DELAYED RETIREMENT: A Member retiring subsequent to his Normal Retirement Date shall receive the monthly retirement benefit computed under Subsection 3-6-H 3-4-i -l hereof, considering his/her final average monthly compensation at the date of his/her actual retirement and the credited service he/she accumulated to the date of his/her actual retirement. 3-G-U 3-4-7-6: NORMAL FORM OF PAYMENT: Unless optional benefits have been elected pursuant to Section ~ 3-4-8 hereof. the basic monthly retirement benefit, computed as set forth above. shall be a ten (IO) year certain and life benefit. Such benefit shall be in equal monthly payments commencmg on the first day of the month next following the retirement date , and contmumg at monthly intervals for a period of one hundred nineteen (119) additional months and fo r the retired member's lifetime thereafter. The last benefit payment shall be made on the first day of the month of the retired member's death , unless payme nts have be en made for fewer than one hundred twenty (120) months , in which event paym e nts shall be continued to the named beneficiary, ceasing when an aggregate of one hundred twenty (120) monthly payments have been made to the retired membe r and h.t s/he r beneficiary . lfthe retired member is married at the time benefits are t o co mmence . the spousal consent requirements of Subsection~ 3-4-8-2 hereof must be m et before payments under this Section commence . In the event that no beneficiary is living at the death of such retired member. the actuarial equivalent value of the monthly installments for the balance of the term certain will be computed and paid in one sum to the estate of the retired member. If at the death of the last surviving beneficiary following the death of the retired member, monthly installments have not yet been paid for the term certain, the actuarial equivalent value of the installments for the balance of the term certain will be computed and paid in one sum to the estate of the last surviving beneficiary . As provided by Subsection~ 3-4-16-2 hereof, retirement benefits may be suspended for a retired member during a period of employment subsequent to h.ts/her actual retirement date during which he /she is rehired and receiving compensation as an employee of the City . Monthly payments shall commence and be determined pursuant to such Subsection~ 3-4-16-2 hereof. ~ 3-4-7-6: ACCRUED CREDITS AND VESTED BENEFITS UNDER THE PREVIOUS PLAN PRESERVED: The restatement of the previous plan by this plan shall not operate to exclude , diminish, limit or restrict the payment or continuation of payment of benefits accrued as of December 31 , 1998. The amount of such previous plan benefits, if any, in the course of payment by the trustee under said previous plan, to any person on December 31, 1998, shall be continued by the trustee under the trust agreement forming a part of this plan, in the same manner, undiminished. preserved , and fully vested under this plan. The eligibility for , and amount of, any benefit of any kind, payable commencing after December 31, 1986 under this plan to or for any person who was a member of the previous plan and who became a member of this restated plan as of January l, 198 7, shall be determined under the provisions of this plan. -21- • ) I • 0 - • • • • .. ... • -' 3-&,,,;..;. 3-4-7-7 : INCREASED BENEFITS FOR RETIRED MEMBERS AND BENEFICIARIES: Effective July 1, 1993, all members and beneficiaries whose payments commenced before January l , 1993, shall receive a five percent (5%) increase in their pension payments subject to future adjustment as determined by the Board . Effective January 1, 1996, all members and beneficiaries whose payments commenced before July 1, 1995, shall receive a three percent (3%) increase in their pension payments subject to future adjustment as determined by the Board . Effective January 1, 2000, all members and beneficiaries whose payments commenced before January 1, 1999, shall receive a three percent (3%) increase in their pension payments subject to future adjustment as determined by the board . a-6-+-& 3-4-1-0-8: DEFERRED RETIREMENT OPTION PL..\:::-i (DROP): A. Effective date . Notwithstanding Subsection 3 6 2 2(L) 3--l-2-2 (L), he r eo f, the provisions contained in this Subsection~ 3--1-i -8 , hereof s hall be effective on October 1, 1999 . B . Title . The program provided in this Subsection~ 3--1-i-8 , h ereof, m ay be referred to as the "drop ." C . Applicability. The provisions of this Section ar~ applicable with respect to those otherwise eligible members of the plan whose election to participate in the drop occurs on or after the effective date contained in this Subsection 3 6 i 8(.\) 3-4-7-8(A), hereof. An "eligible member·· is any member who has attained the normal retirement date in accordance with Subsection 3 6 2 2(T) 3-4-2-2(1'), hereof or the special early retirement date in accordance with Subsection~ 3-4-6-2B . A "participating drop member" is any eligible member who has elected to participate in the drop as provided by this Subsection~ 3--1-i-8 , hereof. D. Purpose. The purpose of the drop is to allow an eligible member to elect, in lieu of immediate termination of employment and receipt of retirement benefit or pension, to continue employment for a specified period of time and to have the eligible member's retirement benefit or pension paid into the drop account until the end of such specified period of the participating drop member·s participation, at which time employment is to cease . An eligible member must choose the retirement benefit provided in Subsection~ 3-4-7 -1 , hereof, or one of the retirement options provided in Section a-G-a 3--1-8 , hereof, at the same time the eligible member elects to participate in the drop . E. Participation. An eligible member may participate in the drop only once . An eligible member who has reached normal retirement age must elect to participate in the drop within ninety (90) days after the later of attainment of normal retirement age or the effective date of the drop . An eligible member may elect to participate in the drop upon filing of written notification with the retirement board not less than si.,:ty (60) nor more than ninety (90) days prior to the date of intended participation. -22- • 0 I • 0 • • • • .,.--' • I , .. • -.. F . Term. The duration of a participating drop member's participation in the drop shall not exceed a total of three (3) years. AB a condition precedent to participation in the drop , the participating drop member shall execute an irrevocable agreement with the city in the form prescribed by the retirement board, which shall, among other items, clearly and unequivocally state that the participating drop member must retire no later than the date prescribed in the agreement which may not exceed the third anniversary of the participating drop member's participation in the drop, and the participating drop member shall also acknowledge that no disbursement of any drop funds can occur absent the retirement or death of the participating drop member. G . Interruption of Participation. If the participating drop member's participation in the drop is interrupted by military service , there shall be no interruption of membership in the drop . such a participating drop member·s pension shall continue to be paid into the participating drop member' drop account while in the military service for the balance of the three-year maximum t erm elected by the drop member under Subsection F. H. Effect on Participation in the Plan. Upon commencement of the eligi ble member·s participation in the drop . a member·s credited service . fin a l a ver ag e monthly compens ation a nd accrued benefit s hall be fr oz en . A pa rtlClpa t mg drop member shall not share many subsequent fo rmula improve men t '. however. a participating drop member shall sha r e i n a ny ad h oc in cr ea se granted to retired member s . I. Contribution. Upon commencement of the eligible member 's pa rtic1pat1on in the drop, the retirement benefit or pension pro,..;ded in Section~ 3-4-7 and Section~ 3-4-8 hereof, shall be paid into the participating drop member 's drop account. In no case s hall the city contribution, provided for in Subsection 3-6-o-!!-3-4-5-2 hereof, be used to fund the drop . Accordingly, amounts transferred or paid to a participating member's drop acco unt shall not constitute annual additions under Code Section -H5 . J . K . Administration of Drop Assets . Participating drop members ma y direct their drop money to any of the investment options approved by the board for the drop . There shall be no guaranteed rate of investment return on drop deposits . Any losses, charges or expenses incurred by the participating drop member in such member's drop account by virtue of the investment options selected by the participating drop member, shall not be made up by the City or the Plan, but all of same shall be borne by the participa ting drop member. Transfers between investment options shall be in accordance with the rules and regulations of the drop . A drop account shall be established for each participating drop member. Such drop account shall be adjusted, no less frequently than annually for contributions, distributions and net investment earnings and losses . Regulations . The Retirement Board is authorized to adopt rules and regulations governing the drop . L . Fees. If the drop account shall be subject to any fees or charges of any kind , such fees or charges shall be charged to the participating drop member's account. -23- .. ., I • 0 • • • • ~· • ·, • - M. Form of Payment. For purposes of this Subsection~ 3-4-7-8 hereof, a "retiree" is a participating drop member who terminates employment or reaches the three-year limit ior participation in the drop. a retiree must choose one of the following forms of payment from the individual's drop account: 1. Deferred Payment. Distribution from a drop account may be deferred until a date designated by the retiree. \\<nen designating the date upon which distributions shall commence, the retiree must also designate the form of payment from one of the available options. Regardless of the date chosen by the retiree , all di stributions must co mmence no later than the year in which the retiree attains the age of iO l/2 ; 2 . Lump Sum. A one-time distribution of the retiree's entire account balance, including a direct rollover unde r Subsection~ 3-4-17-3 ; 3 . Periodic Payments Designating an Am ount. Di stributio n of t h e r etlree·s account balance by monthly payments in an am ount de 1gna ted by the retl.l'ee , until the entire balance of the acco unt ts dis tributed : 4 . Periodic Pay ments for '.l De signated Period of Tim e . Monthly payme nts t o th<! retiree for a period designated by the r e uree. The pay m e nt wil l be calculated such that upon the occurrence of t he last monthly pay ment. the entire balance of the account will be di s tributed ; 5 . Initial Minimum Required Distribution . Acco unt balance is dis tributed a s periodic payments that are calculated based on the retiree's life expectancy (and the life expectancy of the retiree's designated beneficia ry . if applicable); or 6 . Combination of Lump Sum and Periodic Payments. An initial lump sum payment of an amount designated by the retiree, followed by a designation of a number of subsequent m onthly payments or an amount payable on a monthly basis. Regardless of the form of payment the retl.l'ee chooses , the minimum dist.ribution amount will be determined and made in accordance with Code Section 401 (a ) (9), and the r egulations thereunder, including minimum distribution incidental death benefit requirement of proposed Internal Revenue Code Regulation Section 1.401 (a) (9)-2. (publis hed in the Federal Regi s ter on July 27 , 1987). The minimum distribution is recalculated annually on the basis of the life expectancy of the retiree and the retiree's designated beneficiary, if applicable. If elected in writing before the required beginning date under Code Section 401 (a) (9), by the retiree , and/or the retiree's spouse, if applicable , the life expectancy of the retiree and/or the retiree's spouse shall be recalculated annually. If the retiree makes no selection as to form of payment witlun thirty (30) days of termination of employment or expiration of the three-year limit for participation in the drop , a lump sum payment shall be made . N . ParticipatinJ Drop Member's Death; Spousal Beneficiary. If the participating drop member dies during the period of the participating drop member's -24- • ' ) I • 0 - • • -• • ,,-. • • -' participation in the drop and the participating drop member's designated beneficiary is the participating drop member's surviving spouse to whom the participating drop member was legally married at the time of the participating drop member's death, the participating drop member's designated beneficiary shall receive , at the beneficiary's option, a lump sum payment from the deceased participating drop member's individual drop account balance or equal monthly installment payments from the deceased participating drop member's individual drop account over a period not to exceed the spouse's life or life expectancy . if no selection is made by the designated beneficiary within si.'tty (60) days of death of the participating drop member, a lump sum payment shall be made . 0 . Participating Drop Member's Death: Non-spousal Beneficiary . A married participating drop member may designate someone other than his s pouse to be a primary beneficiary, provided spousal consent as prescribed in Subsection it- 6-8,-;-3-4-8-7, hereof, is obtained . if the participating drop member die s during the penod of the participating drop member's participation in the drop . and the participa ting drop member's designated beneficiary is someone other than the partic1patmg drop member's surviving s pouse to whom the participating drop member was legally married at the time of the participating drop member's death , the designated beneficiary shall r ecei\'e a lump s um payment equal to the deceased participating drop member's indi\'ldual drop account balance . P . Partici pating Drop Member's Death: No Designated Beneficiary . If the participating drop member dies during the penod of the participating drop member's participation in the drop , and the designated beneficiary has not survived the participating drop member. the participating drop member 's estate shall receive a lump sum payment equal to the deceased participating drop member's individual drop account balance . Q . No Impact of Drop Participation on Other Death and Di sa bility Benefi t s . Drop participation shall not affect any other death or d1sabihty benefit provided to a member under federal law, state law , city ordinance , or any rights or benefits under any applicable collective bargaining agreement . R. Retroactivity (Back-Drop). For purposes of this Subsection a 6 i 8(R) 3-4-7-8(R), "retroactive participation date" means January l , 1999 , or such later date as would have been on or after an eligible member's retirement date , but prior to the effective date of the drop , and which was selected by the eligible member to commence participation in the drop . Notwithstanding Subsection a 6 i 8(.',) 3-4-7-8(A), hereof an eligible member who would have qualified for the drop on his retroactive participation date. had the drop been in effect on that date, may elect to have his individual drop account credited with a one-time lump sum payment. Such one-time lump s um payment shall equal the sum of the number of pension payments which would have been payable prior to the effective date of the drop . had they commenced on the member's retroactive participation date, credited with interest using the actuarial interest rate assumption provided in Subsection a 6 a Ja(C) 3-4-2-2(C), hereof. Such lump sum payment shall be made as soon as administratively feasible after the effective date of the drop . If a participating drop member elects to -25- • ) I • 0 - • I I • • - have the one-time lump sum payment deposited into his dro p account. the three-year period specified in Subsection~ 3-4-i -BF , h er eof. will begin to run, not on the date of such election, but on the participating drop member·s retroactive participation date . S . Fiduciary Liability: The drop is intended to follow Section 404 (c), of t he Employee Retirement Income Security Act of 19i4 and the apphcsble Department of Labor Regulations . Fiduciaries of the Plan may be r elieved of liability for any losses which are the direct and necessary result of mvestment instructions given by a participant. 3-6-& 3-4-8: OPTIONAL FORMS OF BENEFITS: ~ 3-4-8-1: GENERAL: Subject to such uniform rules and regulations as the retirement board may pre cnbe and the restrictions contained m this Section a-6-8-3--1· hereof, a member or ves t e d member may, in lieu of the ba sic retrrement benefits provided in Sect10n ~ 3 --1 -7 hereof, elect one of the following fo rm s of r etirement benefits which shall be the actuarial equivalent of the benefit to which he would otherwise be entitled . The member or vested membe r must take a n y e lection of an opt io nal benefit m wntmg , and s uch election must be filed with the reure m e nt board at least thirty (30 ) d ays prior to the due date of the fir st pa ym ent of retireme n t benefits under the plan. The election of an option m ay b e changed at any time prior to thirty (3 0) days preceding the due date of the frr s t paym e nt of retirement be nefits unde r the pl an . Howeve r . an optional form of payment may not be elected unless the value of the p ayments expected to be paid to the member e xceed s fifty percent (50 %) of the value of the total benefits to be paid under s u ch optional form . ~ 3-4-8-2: QUALIFIED JOIST A.''D SURVIVOR BENEFIT OPTION: The Qualified Joint and Survwor Be n efit option pro~;des an adjusted m onthly Retirement Benefit payment dunng the Retired '.\>!ember 's life ; and the s p ou se (to whom the Member was mamed whe n his Retrre m e nt Benefit commenced), if surviving at the Members death, shall receive the reafter for life a monthly Retirement Benefit of fifty percent (50%) of the adiusted monthly amount paid to the Member. Within a reasonable time before the '.\>!ember's Retire m ent Benefit comme n ce m e nt date hereunder, the Retirement Board s hall provide to the Member a written explanation of the term s and conditions of the Qualified Joint and Fifty Perce nt (50%) Survivor Benefit set forth herein and the effect of refusing it. If on or after January 1, 1987, the Employee wishes to elect a form of payment other than the Qualified Joint and Survivor Benefit (described in th.is Section). such election will n ot become effective unl ess his spouse (if he has a spouse who can be located) co nsents in writing to such election, acknowledges the effect of s uch election and has such consent and acknowledgment witnessed by a Plan represe ntative or a notary public. A properly completed benefit election form (furnished by the Retireme nt Board) mus t be returned to the Retirement Board within ninety (90) days prior to the Member's benefit commencement date. If the Member files another election form after the earlier form and prior to his benefit commencement date , the earlier form shall be annulled. -26- • ) I • 0 - • • -• ,.... • • - ~ 3-4-8-3: ONE HUNDRED PERCENT JOINT AND SURVIVOR BENEFIT OPTION: The one hundred percent (100%) Joint and Survivor Benefit option provides adjusted monthly Retirement Benefit payments during the Retired Member's life , and upon his death after retirement, continue payments in the same amount to a designated Beneficiary during the life of such Beneficiary. 3-G-&-+ 3-4-8-4: FIFTY PERCENT JOINT AND SURVIVOR BENEFIT OPTION: The fifty percent (50%) Joint and Sunivor Benefit option provides reduced monthly Retirement Benefit payments during the Retired Member's life , and , upon his death after retirement, continues payment in an amount equal to one-half (1/2) of the amount of such reduced payments to a designated Beneficiary during the life of s uch Beneficiary. Payment shall be continued to the designated Beneficiary for life. ~ S-4-8-5: FIVE YEAR CERTAIN A.'ID LIFE BENEFIT OPTION: The five (5 ) Year Certain and Life Benefit option prondes adj usted m onthly Retirement Benefit payments during the Retired :Member's life , and upon !us death after retirement within the si..·uy (60) month penod. payments s h all be continued to the designated Beneficiary for the balance of the si.."<ty (60) month period. 3...a-& 3-4-8-6: LIFETIME BENEFIT OPTION: The Lifetime Benefit option provides increased monthly Retirement Benefit payments during the Retired Member's life with no continuations of payment after !us death . 3-&,.&.;. S-4-8-7: BENEFICIARY: The Member or Vested Member must designate his Beneficiary in writing. If on or after January 1, 1987, a married Member or Vested Member wishes to designate someone other than his spouse to be a primary Beneficiary (or wishes to continue, after January 1, 1987 , such a designation made prior to January 1, 1987), such designation will not become (or continue to be) effective unless his spouse (if his spouse can be located) consents in writing to such designation (o r form of benefits) wluch may not be changed without spousal consent (o r the consent of the spouse expressly permits designations by the Member or Vested Member without any requirement of further consent by the spouse), acknowledges the effect of such designation and bas such consent and acknowledgment witnessed by a Plan representative or a notary public. Such designation shall be made in writing upon a form provided by the Retirement Board and shall be filed with the Retirement Board. The last such designation filed with the Retirement Board shall control. 3....8-& S-4-8-8: MINIMUM MONTHLY PAYllENTS: If the monthly benefit to which any Member, Vested Member or Beneficiary shall become entitled under the Plan shall be less than one hundred dollars ($100.00), the Retirement Board shall have the right to direct that the Actuarial Equivalent of such benefit shall be paid in a lump sum or m installments at such intervals as will result in each payment amounting to at least one hundred dollars ($100.00). -27- • .. I • 0 - • • .. /' • • - ~ 3-4-9: DEATH BENEFITS: 3-&-&-l-3-4-9-1: DEATH OF A.'J ACTIVE MEMBER WITH FIVE (5) OR MORE YEARS OF SERVICE: If an active Member dies after completing five (5) or more years of service , the surviving spouse shall receive fifty percent (50%) of the Member's accrued benefit for one hundred twenty (120) months certain and life thereafter. However, if the spouse is more than five (5) years younger than the Member, the monthly benefits will be reduced by one and one-half percent (1.5%) for each year that their difference in age exceeds five (5) years . If the Member is not survived by a spouse, his desi gnated beneficiary shall receive fifty percent (50%} of the Member's monthly accrued benefit for one hundred twenty (120) months certain. If the Member is not s urvived by a designated Beneficiary, the one hundred twenty (120) monthly payment s s hall be computed and paid in a single sum t o the Member's estate. The p ayme n t to t he surviving spouse or designated Beneficiary will commence on the fir st day of the m onth following the date of the Member's death. or if late r . the date the :\!ember would have attained age fifty -five (55 ). If a :\!ember's death occurs pri or to lus fifty.fifth (55th) birthday, the Retirement Boa rd may elect, wit h the co nsent of the Me mber's s pouse , des ignated Be nefici a ry or estat e t o pay the spouse . Be neficiary or estate a single sum p aym e nt at the time of the :\!emb er's death , equal t o the Actuarial Equivalent of the payment due wh e n the :\!embe r would ha ,·e att:uned age fifty-five (5 5). 3+9-2-3-4-9-2: DEATH OF A VESTED OR DISABLED :'.\<IE:\'IBER PRIOR TO COMMENCEME~T OF PAYMENTS: In t he event a Vested Me mbe r or a di sabl ed Member rue pr io r t o the co mm e ncement of payme n ts from the P lan. the survivrng s pouse shall r eceive fifty p ercent (50%) of the Me mber's Accr ued Be nefit for one h u ndred twenty (120) m onths certain and life thereafter. Howe ve r . if the spouse is more than fi ve (5) years younger than the Member, the monthly benefi t will be reduced by one and one-h a lf p ercent (1.5%) for each year that their difference m age exceeds five (5) years. If t he Member is not survived by a spouse , hi s d es ignated Beneficiary shall r eceive fifty perce nt (50%) of the Member's monthly Accrued Benefit for one hundred twenty (12 0 ) months certain. If the Member is not survived by a de s ignated Bene fi cia r y. the one hundred twenty (120) monthly payments shall be co mputed and paid in a si ngl e sum to the Member's estate. The payment to the surviving s pou se or designated Beneficiary will commence on the first day of the month following the date of the :\!ember 's d eath , or if later, the date the Membe r would h ave attained fift y-five (55 ). If a :\!embe r 's death occurs prior to hi s fifty-fifth {55th) birt hd ay, the Retirement Boa rd may elec t , with the consent of the Member 's spouse, desii;nated Beneficiary or estate to pay the spouse , Beneficiary or es tate a single sum pay ment a t the time of the :\!!ember's death, equal to the Actuarial Equivalent of the payment due when the :\!e mber would have attained age fifty.five (55). 1-6-M 3-4-9-3: DEATH OF AN ACTIVE MEMBER BETW"EEN NORMAL AND DELAYED RETIREMENT DATES: In the event a Member continues in City employment after his normal retirement date and dies before actually retiring, then he shall be deemed to have retired on the first day of the calendar month in which he dies. If an optional form or payment has been elected, the death benefit, if any, shall be determined by the option elected. If no optional form of payment has been elected, the Member's monthly Accrued Benefit -28- • ) I • 0 • t l • ------------------------.. --------------------------,. • • - shall be paid to his surviving spouse for one hundred twenty (120) months certain. If the Member is not survived by a spouse, his designated Beneficiary shall receive one hundred percent (100%) of the Member's Accrued Benefit for one hundred twenty (120) months certain. If the Member is not survived by a designated Beneficiary, the one hundred twenty (120) monthly payments shall be computed and paid in a single sum to the Member's estate. Death benefit payments shall commence on the first day of the month following the Member's death. 3-&-9-+ 3-4-9-4: DEATH OF A RETIRED MEMBER OR BENEFICIARY: In the event a Retired Member or Beneficiary dies while receiving Retirement Benefit payments, the death benefit, if any, will be determined by the form of Retirement Benefit being paid . In the event that no designated Beneficiary is living at the death of such Retired Member and term certain payments are due , the Actuarial Equivalent value of the monthly installments for the balance of the term certain will be computed and paid in one sum to the estate of the Retired Member. If at the death of the last surviving Beneficiary following the death of the Retired :\llember, monthly installments have not yet been paid for the full period of the term certain, the Actuarial Equivalent value of the installments for the balance of the term certain will be computed and paid in one sum to the estate of the last surviving Beneficiary. 8-6-9-5 3-4-9-5: SUPPLEMENTAL DEATH BE:11o'EFIT FOR MEMBERS HIRED PRIOR TO JANUARY 1, 1976: In addition to the death benefit provided in Subsections 1, 2 and 3, of this Section 9 . nereef, a lump sum supplemental benefit shall be payable to the designated Beneficiary of any active Member, Vested Member or disabled Member who dies prior to the commencement of retirement benefit payments from the Plan. The supplemental death benefit shall be equal to the amount of accumulated contributions as of his date of death plus two percent (2%) of the compensation received by him subsequent to December 31 , 1975 and prior to January 1, 1983. If such Member is not survived by a designated Beneficiary. the lump sum payment shall be made to his estate. 3-&-U 3-4-~: UNIFORM SIMULTANEOUS DEATH ACT : The provisions of any State law providing for the distribution of estates under the Uniform Simultaneous Death Act, when applicable, shall govern the distribution of death benefits payable under this Plan. 3-6-W 3-4-10: SEVERANCE BENEFITS: ~ 3-4-10-1: COVERAGE : Benefits shall be paid to a Member under this Section 3-6-10 hereof if his employment terminates for reasons other than retirement, Disability or death. ~ 3-4-10-2: LESS THAN FIVE YEARS OF CREDITED SERVICE: Should a member's employment with the City terminate for reasons other than retirement, Disability or death prior to his Normal Retirement Date and prior to his completion of five (5) yeara of Credited Service, the only benefit to which he shall be entitled under this Plan shall be : -29- • ) I • 0 • • • • . , • - A . The amount of his Accumulated Contributions, if any, plus B . Two percent (2%) of the Compensation received by the Member subsequent to December 31 , 1975 and prior to January 1, 1983. ~ 3-4-10-3: FIVE OR MORE YEARS OF CREDITED SERVICE: Should a Member's employment with the City terminate for reasons other than retirement, Disability or death prior to his Normal Retirement Date w ith fiv e (5) or more years of Credited Service , he may elect either: A. To leave his Accumulated Contributions on deposit in the Re tire ment Fund and become a Vested Member; or B . To receive, in lieu of all other benefits , a refund of !us Acc umulated Contributions plus two percent (2%) of the Compe nsa t io n r eceive d by !um subsequent to December 31 , 1975 and prior to J a nuary l , 19 83 . If s uch a '.\ilember fail s to elect eithe r of the ab o,·e withi n ninety (90) days a ft e r !us date of termination from the Pla n . the n h e s h all be dee m e d t o h a ,·e elected to leave !us Accumulat ed Con t ributions on de pos it a n d becom e a Vest ed Member. A Vested Member sha ll be entitled to a d e fe rred r e u re m e nt Be n e fi t which shall be one hundre d percent (100%) of his Ac crue d Be nefit on the d a t e of his termination of memberslup in the Plan. Such de ferred Reur e me nt Benefit shall commence on the fir s t day of the next month foll ow m g the Vest e d Member's Normal Retirement Date . In lieu of receiving the deferred Retirement Benefi t upon Ju :-S o rmal Retirement Date, the Ve sted :\!em ber may elect t o r ec ei ve a r ed u ced Retirement Benefit beginning upon the first of any month s ubsequent t o his attainment of age fifty-five (55). The reduction s h all be one -fourth of one percent (.25%) for each month (three percent [3%] per yea r) by which payments commence prior to the first of the m onth following !us :'li orm al Re tuement Date . A Vested Member may elect at any time prior to !us :-S orm al Re tirement Date to receive, in lieu of all other benefits under the Plan and provi d e d bene fit payments have not yet commenced, a refund of his . .\ccum ula te d Co n t ributio n s , if any, as of the date of the refund plus two p e rcent (2%) of hr Compensat io n received subsequent to December 31 , 1975 and prior t o J a nu a r y l , 1983 . 3-&-H S-4-11: ADMINISTRATION OF THE PLAi'I : 11-H-1-S-4-11-1: RETIREMENT BOARD : There ia hereby created a board to be known as the "Retirement Board of the City of Englewood," which shall be comp0&ed of seven (7) members. One (I } m e mber s hall be an elected member of the City Council who shall be selected by a maJority of the memben of City Council. One (l) member shall be the Director of F inancial Se rvice s appointed by the City Manager. Two (2) members shall be employees of the City who are Memben of the Plan, who shall be selected by a vote of all such :Members in ac:cordance with such procedures as the City Manager may adopt. from time to time . Three (3) memben ,hall be taxpaying electors of the City who shall be selected by a -30- • .. ) I • 0 • • -• • • -.. majority of the members of the City Council. In addition, the City Manager, or his designee, shall serve in an advisory capacity, as an ex official, nonvoting member. Members of the Retirement Board shall be appointed for four (4) year terms, provided the said member continues to possess the qualifications provided herein during the member's te.rm and, further provided that: A. The Council member shall serve during his term of office as a Council member; and B. The Director of Financial Services shall serve during his tenure in office as such Director. Should a vacancy occur in the membership of the Retirement Board, the sam e shall be filled for the duration of the unexpired term only. in the same manner as provided herein . Prior to entering upon the performance of the duties of a member of the Retirement Board, each member thereof shall take and subscribe an oath that be accepts the obligations imposed upon him by the provisions of this Plan and that he shall faithfully perform the duties of such office . Five (5) members of the Retirement Board shall constitute a quorum . All actions taken by the Board shall be approved by a majority vote of a quorum of the Retirement Board members . All actions, decisions and determinations of the Board shall be recorded in the minutes of the Retirement Board and . unless inconsistent with the provisions of the Plan, shall be binding and conclusive upon all interested parties. No member of the Board shall receive compensation for his sen.-;ce on the Board but a member may be reimbursed for reasonable expenses incurred in connection with his duties as a member of the Board. ~ 3-4-11-2: MANAGEMENT OF THE PLAN : In addition to the powers and obligations imposed upon the Board as Trustee pursuant to Subsection~ 3-4-12 · l hereof, the Retirement Board shall have all powers necessary to effect the management and administration of the Plan in accordance with its terms, including, but not limited to , the following : A . B. C. To establish rules and regulations for the administration of the Plan, for managing and discharging the duties of the Board, for the Board's own government and procedure in so doing, and for the preservation and the protection of the Fund. To interpret the provisions of the Plan and to determine any and all questions arising under the Plan or in connection with the administration thereof. A record of such action and all other matters properly coming before the Board shall be kept and preserved . To determine all matters affecting the eligibility of any Employee to be or become a Member of the Plan. -31- • I • 0 - • _.,--. • • • .. D. To determine the amount of the Member's contributions to be withheld by the City in accordance with the Plan and to maintain such records of Accumulated Contributions as are necessary under saJd Plan. E. To determine the Credited Service of any Member and to compute the amount of Retirement Benefit, or other sum, payable under the Plan to any person. F . To authorize and direct all disbursements of Retirement Benefits and other sums under the Plan. G . To employ such counsel and agents and to obtain such clerical , medical, legal and actuarial services as it may deem necessary or appropriate in carrying out the provisions of the Plan. H . With the advice of its actuary to adopt, from time to time for purposes of the Plan, such mortality and other tables as it may deem nece ssary or appropriate for the operation of the Plan. I. To make or arrange for valuations and appraisals of Fund assets held under the Plan, and , with the advice of the actuary, to determine the habilittes of the Plan. J. To hold assets of the Plan in a special account entitled "Retireme nt Plan Fund," and invest and reinvest the same and to make such withdrawals therefrom as are authorized by the Plan for the payment of Retirement Benefits and the expenses of the Board and the members thereof. K. To create reserves from such assets for any purpose . L . To maintain such records and accounts and to render such financial statements and reports as may be required by the City Council. M. To authorize one or more members of the Retirement Board to sign all legal documents and reports on behalf of the Retirement Board . N. To perform such other duties as may be required of a Plan Administrator under the applicable laws and regulations. 3-6-H-3 3-4-1-3: MISCELLANEOUS: All proper expense incurred by the Retirement Board in the administration of the Plan, if not paid by the City, shall be paid from the Fund when authorized by the Retirement Board. The Retirement Board shall have no power to add to, subtract from or modify any of the terms of the Plan, nor to change or add to any benefits provided by the Plan, nor to waive or fail to apply any requirements of eligibility for Retirement Benefits under the Plan. A member of the Retirement Board shall not vote on any matter relating solely to himaelf or to hia rights or benefits under the Plan. If a Board member is so disqualified to act and the remaining memben cannot agree , the City Council shall appoint a temporary substitute member to exerciae all the powers of the disqualified member concerninc the matter in which he is disqualified. -32- • ) I • 0 • • • / . • • - The decision of the Retirement Board and any action taken by it in respect to the management of the Plan shall be conclusive and binding upon any and all employees, officers , former employees and officers , Members, Retired Members, Vested Members, their Beneficiaries. heirs, distributees , executors, administrators and assigns and upon all other persons whomsoever, but the Board at all times shall act in a uniform and nondiscriminatory manner. Neither the establishment of this Plan nor any modifications thereof or any action taken t hereunder or any omission to act, by the Board, the City Council or any of their members shall be construed as giving to any Member or other person any legal or equitable right against the City or any officer or employee thereof or against the Retirement Board , the City Council. or any of their members. 3-&-l-a 3-4-12: RETIREMENT PLAN TRUST FUND : 3-6-+1-+ 3-4-11-1: APPOINTMENT OF TRUSTEE : The Retirement Board of the City, and its members, are hereby appointed a nd constituted Trustee of the Retirement Plan Fund and s hall hold , manage a nd contr ol the same in accordance with the provisions herein contained. ~ 3-4-12-2: THE TRUST FUND: All City and Employee contributions and all investments ther eo f. togethe r with all accumulati ons, accruals, earnings and income with res pect theret o, shall be h e ld by the Trustee in trust he.reunder as the Trust Fund for u se in providmg the be nefits under the Plan. No part of the said corpus or income shall be used for or dive rted to purposes other than the exclusive benefit of the Members , Retired :\-lembers, Vested Members , their Beneficiaries or estates under the Plan, prior to the satisfaction of all liabilities hereunder with respect to them , except such fund s which, up on termination of the Plan, are in excess of the amount required to fully fund the Plan and are due solely to erroneous actuanal assumptions. No person shall have any interest in or right to any part of the a sset s of the Fund except as and t o the extent expressly provided in the Plan. ~ 3-4-12-3: PURPOSES AND AUTHORITY OF THE TRUSTEE: It is the purpose and intent of the City in constituting and appointing the Retirement Board as Trustee of the Trus t Fund to give the Retirement Board full power to establish such investment or purchasing programs as the Retirement Board may deem nece ssary or appropriate to provide assurance that there shall be an adequate source for the payment of all benefits provided herein. The Trustee, however, shall not be responsible for the collection of any City or Employee contributions. In serving as Trustee, the Retirement Board may determine to : A. B. Use the Trust Fund for the purchase of one or more group annuity, or other, insurance policies from one or more Insurance Companies authorized to do business within the State of Colorado, whereby said Insurance Company agrees to pay all or a portion of the benefits herein provided for ; or Contract with a commercial bank, chartered under either the statutes of the State of Colorado or the United States of America and doing business within this State, with a trust company organized pursuant to the statutes of the State of Colorado and doing busineas within this State, or with a member of -3 3- I • 0 - • • • .. • -· • • -' the New York Stock exchange or the American Stock Exchange, doing business within this State, to have any of such parties invest funds on behalf of the Trustee; or C. Directly invest the assets of the Trust Fund; or D . Establish an investment program, partly funded by insurance and partly funded by investments; or E . Retain on a discretionary basis an investment advisor licensed as such under the United States Investment Advisor's Act of 1940, which investment advisor is also an investment counsel as defined in said Act. 3-6-Y-+ 3-4-12-4: INVESTMENTS : In serving as Trustee, the Retirement Board shall be aut horized and empowered , i n its sole discretion, to invest and reinvest the Trust Fund as follows : A. Assets of the retirement fund (o ther than assets of the drop acco unts) s h all be invested in accordance with Colorado Revised Statutes Se cti on 15-1.1.-10 2 . under the Uniform Prudent Inve stor Act . B . Assets of the drop accounts shall be in vest e d 10 a cco rdance with Co lor ado Revised Statutes Secti on 24 -5-l -ll 2 (3) (c). ~ 3-4-12-5: TRUSTEE'S POWERS: Subject to the provisions of Subsections~ 3--l-12-3 and~ 3--l-12--l . hereof, in its investment and administrat ion of the Trust Fund, the Trustee is authorized and empowered with respect to any securities or other property he ld in the Trust Fund: A. To sell , exchange, convey , transfer , lease for any period , pledge , mortga ge , grant options , contract with respect to or otherwise encumber or dispose thereof, at public or private sale , for cash or upon credit or partly for both, and no person dealing with the Trustee shall be bound to see to the application of the purchase money or to inquire into the validity, expediency or propriet y of any such sale or other disposition. B . To sue, defend, compromise , arbitrate, compound and settle any debt, obligation or claim due it a s Trustee or any other suit or legal proceeding involving the Trust, and to reduce the rate of interest on , to extend or otherwise modify , or to foreclose upon default or otherwise enforce any s uch debt, obligation or claim . C . To give general or specific proxies or powers of attorney with or without pow er of substitution. D . To vote in person or by proxy on any stocks , bonds or other securities for the conversion thereof into other stocks , bonds or securities, or to deposit them in any voting trust or with any protective or like committee or with a trustee or depositories designated thereby, or to exercise any rights to subscribe for additional stocks, bonds or other securities and to make any and all necessary payments therefor, and to join and participate in or to dissent from and oppose -34- ) I • 0 ----------------------~--------__,. . .---------------------------------- - • • • ,,-. • I • • - any reorganization, recapitalization, consolidation, liquidation, sale or merger of corporations or properties in which it may be interested as Trustee, upon such terms and conditions as it may deem wise. E . To register any securities or other property in its own name or in the name of its nominee , with or without the addition of words indicating that such securities are held in a fiduciary capacity, or to hold any securities in bearer form , but the books and records of the Trustee shall at all times show that all such investments are part of the Trust Fund. F . To retain, manage, operate, repair, improve, partition, dedicate or otherwise deal with any real estate held by it. G. To retam uninvested such cash as it may deem necessary , without obligation to pay interest thereon. H . In general, to exercise all powers in the management of the Trust Fund which any individual could exercise in the management of prope rty owned in his own right. N'ecessary parties to any accounting, litigation, or other proceedings shall include only the Trustee and the City Co uncil . and the settlement or judgment in any such case in which the City is duly served or cited shall be binding upon all ;\,!embers , Reti red Members, Vested Members , or Beneficiaries under the Plan, and upon all persons claiming by, through or und er them . 3-&-4-1-& 3-4-12-6: ADMINISTRATION OF THE TRUST FU!'oll): The Trustee shall pay or distribute all Plan benefits fr om the Trust Fund m such form, in such amounts , at such times and to such payees as may be author ized by the Retirement Board . Th Trustee may employ suitable agents and counsel. The exp e nse s incurred by the Trustee in the performance of its duties hereunder and all prope r char ges and disbursements of the Trustee, including all taxes lawfully assessed upon or in respect of the Trust Fund or its income , shall be charged and paid by the Trustee from the Fund . No member of the Retirement Board, a s Trustee , shall receive compensation for lus services as s uch but shall be entitled to be reimbursed fo r any expenses incurred by him on behalf of the Trust Fund to the extent that such expenses are not paid by the City . The Trustee shall keep detailed , accurate accounts of all investments, receipts and disbursements and other transactions hereunder. All accounts , books and records relating thereto shall be open to inspection by any person designated by the City at all reasonable times . The Trustee shall maintain such records , make such computations and perform such ministerial acts as the City from time to time may request. On or before August 1 and February 1 of each year, the Trustee shall file a report with the City in such form as the City may request. Tlus report shall show all purchases, sales, receipts, disbursements and other transactions effected by the Trustee during the six (6) month period for which the report is filed. It shall contain an exact description, the cost value as shown on the Trustee's books and the market value as of the end of such period of every item then held in the Trust Fund. The Trustee shall be forever relieved from all liability to the City , the Fund, and any Member or Beneficiary with respect to the propriety of any of its acts or transactions -35- • I • 0 - • • • .. " ,,--. • .. • -.. shown in such report unless within ninety (90) days after the receipt of such report, the City gives the Trustee written notice of its objection or objections to any matter set forth therein. The Trustee shall not be liable, either as a body or individually, for the making, retention, or sale of any investment or reinvestment made by it or originally received by it as herein provided nor for any expense or liability, hereunder, nor for any loss to or diminution of the Trust Fund unless due to or arising from its own gross negligence, misconduct, dishonesty or lack of good faith. The Trustee may consult with counsel and shall be fully protected in acting upon the advice of counsel. Unless otherwise advised, the Trustee may assume that the Plan at all umes qualifies under Internal Revenue Code Section 40l (a ) and that the Trust hereby established is at all times tax-exempt under Internal Revenue Code Section 50l (a ). a amended , or a successor provisions . The Trustee shall have no re s ponsibility fo r the accuracy of any information furnished it by the City . ~ 3-4-12-7 : REMOVAL OF TRUSTEE : Nothing herein shall be construed to prohibit the Ci ty Council fr om remonng the Retirement Board as Trustee of the Retirement Fund by app r opriate amendment to this agreement. Upon removal of the Trustee , the City Council shall appoint a successor Trustee or Funding Agent . Upon deli very by the remov ed Trustee to its successor of all property of the Fund. le ss such r easonabl e a mount as it s h all deem necessary to provide for its expenses , and any taxes or advances chargeable or payable out of the Fund, the successor Trustee or Funding Agent shall thereupon have the powers and duties as are conferred upon it by the Trust Agreement or group annuity contract. No successor Trustee or Fundmg Agent shall have any obligation or liability with respect to the acts or omission of its predecessors. ~ 3-4-13: RETIREME.sT BENEFITS AND RIGHTS INALIENABLE : ~ 3-4-13-1: INALIENABILITY: Members . Retired Members , Vested Members and their Beneficiaries unde r the Plan are hereby restrained from selling, transferring, anticipating, assigning, hypothecating, or otherwise disposing of their Retirement Benefit , prospective Reurement Benefit, or any other rights or interes t under the Plan, and any attempt to anticipate , assign, pledge, or otherwise dispose of the same shall be void . Said Retirement Benefit, pros pective Retirement Benefit and rights and interests of said Members , Retired Members, Vested .Members or Beneficiaries shall not at any time be subject to the claims of creditors or others for liabilities or torts of said Members , Retired Members, Vested '.\!embers or Beneficiaries, nor be liable to attachment, execution. or other legal process . Notwithstanding the foregoing , the Retirement Board may approve payment. A . Assignments for : Child Support purposes provid ed for in Colorado Re~ised Statutes Sections 14-10-118 (1) and 14-14-lOi, as they existed prior to July 1, 1996 . B . Income assignments for Child Support provided for in Colorado Revised Statutes Section 14-14-111.5. C . Writs of garnishment that are the result of a judgment taken for arrearages for Child Support or for Child Support debt, and -36- • I • 0 • • • .. -· • ... ... • - D . Payments made in compliance with a properly executed and certified court order approving a written agreement dividing retirement benefits between a member and an alternate payee ("dro"), entered into pursuant to Colorado Revised Statutes 14-10-113 (6 ). 3-&-H-& 3-4-13-2: BANKRUPTCY: If any Member, Retired Member, Vested Member or Beneficiary shall become bankrupt or attempt to anticipate, assign or pledge any benefits under the Plan, then such benefits shall, in the discretion of the Retirement Board, cease , and in that event the Retirement Board shall have authority to cause the same, or any part thereof, to be held or applied to or for the benefit of such Member. his spous e , hi s children, or other dependents, or a ny of them , in such manner and in su ch proportions as the Retirement Board may deem proper. 3-6-l+ 3-4-14: MODIFICATION OR TERMINATION OF PLAN: 3-64++ 3-4-14-1 : EXPECTATION : It is the expectation of t he City that it will continue thi s Plan and the payme nt of 1t contributions hereunde r indefirutely, but continuance of the Plan is not assum ed as a contractual obli gatio n of the City. 3-,6-H-i-3-4-14-2: AMENDMENT: The City reserves the right to alter, amend, or terminate the Plan or any par t t he r eo f in such manner as it may determine , and such alteration, amendment or termination shall take effect upon notice thereof from the City to the Retireme nt Board ; provided that no such alteration or amendment s hall provid e that the Retirement Benefit payable to any Retired Member shall be less than tha t provi ded by !us Acc umulated Contributions or affect the right of any Member to r eceive a refund of his Accumulated Contributions and shall not directly or indirectly r educe any Member's Accrued Pens ion . And provided further, that no alteration or termination of the Plan or any part thereof shall permit any part of the Fund to re vert to or be recoverable by the City or be used for or diverted to purposes other than the exclusive benefit of Members, Retired Members , Ve sted Members or Beneficiaries under the Pla n , except such funds , if any , as may remain at termination of the Plan after s atisfaction of all liabilities with respect to Me mber s. Retired Members, Vested Members and Beneficiaries under the Plan and are due solely to erroneous actuarial assumptions . Further, no amendment shall cause the elimination of an optional form of benefit nor the elimination or reduction of a n early Retirement Benefit that continues after retirement. ~ 3-4-14-3: APPROVAL UNDER THE INTERNAL REVENUE CODE: The Plan is intended to comply with the requirements of the applicable provisions of Internal Revenue Code Section 40l(a }, as now in effect or hereafter amended, and any modification or amendment of the Plan may be made retroactive , as necessary or appropriate , to establish and maintain such compliance . -37- • ) I • 0 ~J I • ,. ,,,--. • .. ·., • -' 3-64++ 3-4-14-4: DISCONTINUANCE: The City reserves the right at any time and for any reason satisfactory to it to discontinue permanently all contributions under this Plan. Such discontinuance shall be deemed to be a complete termination of the Plan. ~ 3-4-14-5: TERMINATION: In the event of a partial or complete terminatio n of the Plan, the Accrued Benefits up to the date of termination by the affected Employee s ar:id their Beneficiaries shall be nonforfeitable and all affected funds shall be allocated to affected '.\1embe r s, Retired Members, Vested Members and Beneficiaries on the following priority basis of: A. An amount equal to the Accumulated Contributions, or balance thereof, wluch would be payable to the Members, Retired Members , Vested '.\'!emb er s or Beneficiaries should death occur on the date of the termination of the Plan. B. An amount of the remaining assets equal to a pro rata portion determined on the basis ofthe ratio that the actuarial reserve for his Ac crued Be nefit mmus the amount in A . above credited to him bears to the total of s uch a ctuarial reserves minus the aggregate of amounts allocated unde r A. abo,·e . ~ 3-4-14-6 : DISTRIBUTION: \\tnen the assets of the Trust Fund have be e n allocated as indicated ab ove, the distribution may be made in the form of cash or nontransferable annwty contracts as determined by the Retirement Board , provide d that any affected fund s r e m ai ning after the satisfaction of all liabilities t o affected Members , Retired :\!emb ers. Vested Members and Benefici aries under the Plan may be withdrawn by the Retirem ent Board from the Fund and refunded to the Cit y . 3-&-1-6-3-4-15: RESERVED ~ 3-4-16: LIMITATIONS : 3-6-H-l-3-4-16-1: REEMPLOYMENT OF FORMER NONVESTED MEMBERS : If a Member's employment terminates prior to his becoming a Vested Member and the Member is subsequently reemployed a s an Employee , such Member shall not be entitled to receive credit for his previous Credited Service under the Pla n , exce pt as provided in Subsection~ 3.4.4.3 hereof. 3-6-4" 3-4-16-2: REEMPLOYMENT OF FORMER MEMBERS : If a former Member is reemployed as an Employee of th<! City , no Retirement Benefit payments shall be made during the period of such reemployment. Upon the subsequent vested termination of employment by such a Member, the Member shall be entitled to receive a Retirement Benefit based on i) his Credited Service prior to the date of his previous termination (except Credited Service lost after a five (5) year break under Subsection~ 3.4.4.3 hereof, and ii) his Credited Service during the period of his reemployment, and iii) in the case of a disabled Member, his Credited Service while disabled. In the case of reemployment, of a former Member who received, prior to -3 8- • •. .. ) I • 0 - • • -• --• .. • -.. his reemployment, any benefit payments (whether single sum or periodic) with respect to which Credited Service is restored hereunder, the Retirement Benefit payable upon his subsequent retirement shall be reduced by the Actuarial Equivalent of such payments, other than Disability Retirement Benefit payments, he received prior to his Normal Retirement Date, unless such payment was a single sum that was repaid under Subsection~ 3.4.4.3 hereof. l-&-H-3 3-4-16-3: LIMITATION OF BENEFITS: Effective January 1, 1987, notwithstanding any other provision contained herein to the contrary, the benefits payable to a Member from this Plan provided by City contributions shall be subject to the limitations of Internal Revenue Code Section 415 in accordance with subsections A and B below : A. Defined Benefit Plan Only . Any annual Pension payable to a Member hereunder shall not exceed the lesser of: 1. Ninety thousand dollars ($90,000.00), adjusted for increases in the cost of living, as prescribed by the Secretary of the Treasury or his delegate , effective January 1 of each calendar year and applicable to the Limitation Year ending with or within such cale ndar year, or, if greater, the amount of straight life , or qualified Joint and survivor annuity accrued by the Member as of December 31 , 1982 . OR 2. One hundred percent (100%) of the Employee 's average earrung for the three (3) consecutive calendar years, while a Member LO the Plan . in which his earnings were the highest. For purposes oftlus s ubsection, earnings for any Limitation Year shall be the Member's earned income . wages, salaries, and fees for professional services, and other amounts received for personal services actually rendered in the course of employment with the City (i ncluding, but not limited to. commissions paid salespersons, compensation for services on the basi s of a percentage of profits, commissions on insurance premiums , tip s and bonuses), provided such amounts are actually paid or includible in gross income during such Year. Earnings shall exclude the following: a . b . City contributions to a plan of deferred compensation which are not included in the Member's gross income for the taxable year in which contributed or City contributions under a simplified employee pension plan to the extent such contributions are deductible by the Member, or any distributions from a plan of deferred compensation ; and Other amounts which received special tax benefits, or contributions made by the City (whether or not under a salary reduction agreement) towards the purchase of an annuity described in Internal Revenue Code Section 403(b) (whether or not the amounts are actually excludable from the gross income of the Member). This Subsection 2, shall not be effective for years beginning on and after January 1, 1995 . -39- • I ) I • 0 • • • ,,-. • ~ .. • - .. 3. Except as provided in Subsection A5 below , which imposes additional limitations on the amounts payable to Members with less than ten (10) years of service, the foregoing limitations shall not be applicable with respect to any Member whose annual Pension under this Retirement System, and any other defined benefit plan maintained by the Employer, is less than ten thousand dollars ($10 ,000 .00), and such Member has not at any time participated in any defined contribution plan (within the meaning of Section 415(k) of the Code) maintained by the Employer. 4 . In the event that a Member has less than ten (10) years of participation in this Retirement System and predecessor plans hereto . the dollar limitation otherwise applicable under Subsection Al above shall be reduced by multiplying such limitation by a fracti on, the numera r of which is the number of such :Member 's year s of Pla n part1 c,pat1 on (or part thereof), but never less than one (1), and the denominato r of wru ch is ten (10). This paragraph shall. to the extent r eq uired by the ec r etary of the Treasury, be applied se parately to each change m benefit structure hereunder. 5. 6 . 7. In the event that a )!embe r has been credited with less than ten (10 ) years of sen,;ce, the percentage-of-average-earnings hm1tat1on othe rwise applicable under Subsectio n A(2) abo,·e and the dollar amount otherw ise applicable under Subsection A{3 ) above shall be reduced by multiplying each by a fra ction, the nume rator of which is the number of s u ch Member's years of service (or part thereof}, but never less than one (1), and the denominator of which is ten (1 0). The limitations of this Section apply to a straight life annuity with no ancillary benefits and to an annwty that co nstitutes a qualified Joint and survivor annuity . provtd ed payment begins between ages sixty-two (62 ) and si.uy-five (65). If payment commences before age sixty-two (62), the foregoing limitations shall be reduced so that they are Actuarially Equivalent to s uch a benefit commencing at age sixty-two (62). However, the reduction of this paragraph shall not reduce the limitation below seventy-five thousand dollars ($75 ,000.00). if payment commences after age fifty-five (55), or below the Actuarial Equivalent of seventy-five thousand dollars ($75 ,000.00) commencing at age fifty-five (55 ), if payment commences before age fifty.five (55). If payment commences after age si.,:ty-five (65), the limitation shall be the Actuarial Equivalent of a ninety thousand dollars ($90,000.00) annual benefit commencing at age si.,:ty-five (65). The interest assumption for purposes of determining Actuarial Equivalency under this paragraph shall be the interest rate otherwise used for purposes of computing optional forms of income payable under the Plan, but the rate shall not be less than five percent (5%) annually if benefits commence before age sixty-five (65) and shall not exceed five percent (5%) annually if benefits commence after age sixty-five (65) . For limitation years beginning on and after January 1, 1995 , the provisions of Subsections 4, 5 and 6 , of this Subsection a 6 16 3(,\) 3-4-16-3(A), shall not apply to disability retirement under Subsections o- 6-6-+ 3-4-6-4 and~ 3-4-7-3 , or to death benefits under -40- • I • 0 - • • ------------------------------.. ~------------------------- • ,. • ... • - Subsections~ 3-4-9-1 , ~ 3-4-9 -2. ~ 3.4.9.3 and a-6-9- + 3-4-9-4 , or to supplemental death benefits under Subsection s ~ 3-4-9-5 . B. Defined Benefit and Defined Contribution Plans. If, in any Limitation Year a Member also participates in one or more defined contribution plans maintained by the Ci ty, then for such Limitation Year, the sum of the Defined Benefit Plan Fraction and Defined Contribution Plan Fraction (as described below) for such Limitation Year shall not exceed one . The Defined Benefit Fraction for any Limitation Year shall mean a fraction a ) the numerator of which is the projected annual benefit of the Member under the Pla n (determined as of the close of the Limitation Year), and b) the de nom inator of which is the lesser of one hundred twenty -five percent (12 5%) of t he d oll ar limitation under Internal Revenue Code Section 415(b)(l)(A) or on e hundre d forty percent (140%) of the percentage lim itati on under Internal Revenue Code Section 415(b)(l)(B ) for the year of determination (taking into acco unt the effect of Section 235(g)(4) of the Ta.<t Equity and F isca l Res ponsibility Act of 19 82). The Defined Contribution Fractio n fo r any Lim itation Ye ar s hall mean a fractio n a) the numerator of wluch 1s t h e s um of the annual addition s (as defined in Internal Revenue Code Section 41 5(c){2)) t o the :'.\1 e mbe r 's a ccounts under all defined co ntribution pl a ns m a intained by the City a s of the clo se of the Limitation Year (s ubject to reduction to the e xt ent permitted unde r t h e trans iti on rule in Section 235(g)(3) of the Ta.<t Equity and F is cal Re spon sibility Act of 1982), and b) the denominator of which is the s um of the le sser of on e hundred twenty-five percent (125%) of the dollar limitation under Inte rna l Revenue Code Section 415 (c)(l)(A) or one hundre d forty percent (140%) of t h e pe r ce ntage limitation under Internal Revenue Code Section 415(c)(l )(B), for s u ch Limitation Year and for all prior Limitation Years during which the Member was employ ed by the City (provide d , h owever, at the election of the Retire ment Board , the denominator s hall be incr e a sed by u s ing for L1U1 itat1o n Year s ending prior to January 1, 1983, an amount equal to the denom in a t or m effect for the Limitation Year ending in 1982 , multiplied by the tra n s itio n fra ction provided in Internal Revenue Code Sectio n 415 (e)(6)[B ]). If, in any Limitation Year, the s um of the Defined Be ne fit Plan Fraction and Defined Contribution Plan Fraction for a Me mb e r would exce ed on e (1.0) without adjustment of the amount of the maxi mum annual p e n s ion tha t ca n be paid to such Member under paragraph Al of this Subsectio n , then the amount of the ma.<timum annual pens ion that ca n be paid to such Membe r under paragraph Al , hereof, shall be reduced to the exte nt n e cess a ry t o reduce the sum of the Defined Benefit Plan Fraction and Defined Contribution Plan Fraction for s uch Member to one, or the Retrrement Board may take s uch other actions a s will cause the sum to equal one (1.0) or less. For purposes of this Section, the Limitation Year shall be the calendar year. This Subsection B , shall not be effective for years beginning on and afte r J a nua ry I , 2000. -41- • • I ., • 0 •• • • ~ ,,... . • ·,, • -' ' ~ 3-4-16-4: CONSOLIDATION OR MERGER: The Plan shall not be consolidated or merged with, nor shall any assets or liabilities be transferred to any other Plan, unless the benefits payable to each Member if the Plan were terminated immediately after such action would be equal to or greater than the benefits to which such Member would have been entitled if this Plan had been terminated immediately before such action. 3-6-l+ 3-4-17: MISCELLANEOUS PROVISIONS : ~ 3-4-17-1: RIGHTS OF MEMBERS: Each Member shall be advised of the general provisions of t he Plan and upon written request addressed to the Retirement Board shall be furnished with any information requested regarding lus status. rights and privil eges under the Plan. Neither the establishment of the Plan, the granting of a Retireme nt Be nefit. n or a ny action of the City or the Retirement Board shall be held or construed to co nfer up on any person any right to continue employment, nor. up on dismissal , any r ight or interest in the Trust Fund other than as herein pro~;ded. ~ 3-4-17-2: LIMITATION OF LIABILITY: No Member shall have any right to Retirement Benefits unde r the P lan . exce pt such rights, if any, as may accrue to him upon his retirement fr om the se rvice of the City under the provisions of the Plan while it is in effect. All s uch benefits are payable solely out of the Trust Fund and in no event shall the City , the Trustee, or the Re tirement Board members be liable therefor. Neither the establis hment of this Plan, nor any ame ndment or modification thereof, nor failure of the City to provide sufficient contnbut1ons to the same shall be construed as giving to a ny Member, or other person , any legal or equitable right a gainst the City, or any officer or director thereof, or against the Retirement Board , or any Member thereof. ~ 3-4-17-3: DIRECT ROLLOVERS : A. General. This Section applies to d istributio ns m a de on or after January 1. 1993 . Notwithstanding any provisio n of the Pl an to the contrary t hat would otherwise limit a distnbutee's election under t hi secti on , A distnbutee m ay elect. at the time and in the manner prescri be d by the boa rd, to have any portion of an eligible rollover distribution which exceeds $200 paid directly t o an eligible retirement plan specified by the distributee in a direct rollover . If a distributee's direct rollover distribution is less than S500 , the d1 stributee may only elect to direct rollover 100% of the eligible rollover d1 stnbution. B . Definitions: 1. Eligible Rollover Distribution. An eligible rollover distribution is any distribution of all or any portion of the balance to the credit of the distributee, except that an eligible rollover distribution does not include : any distribution that is one of a series of substantially equal periodic payments (not less frequently than annually) made for the life (or life expectancy) of the distributee or the joint lives (or joint life expectancies) of the distributee and the distributee's designated beneficiary, or for a specified period of ten years or more; any distribution to the extent such -42- .. • I • 0 ·] • • • • ,, -· • • -" distribution is required under code Section 401 (a) (9); and the portion of any distribution that is not includable in gross income (determined without regard to the exclusion for net unrealized appreciation with respect to employer securities). 2. Eligible Retirement Plan. An eligible retirement plan is an individual retirement account described in Code Section 408 (a), an individual retirement annuity described in Code Section 408 (b), and annuity plan described in Code Section 403(a), or a qualified trust described in Code Section 401 (a), that accepts the distributee's eligible rollover distribution. however, in the case of an eligible rollover distribution to the surviving spouse, an eligible retirement plan is an individual retirement account or individual retirement annuity. 3 . Distributee. A distributee includes an employee or former employee . In addition, the employee's or former employee's surviving spouse and the employee's or former employee's spouse or former spouse who is the alternate payee under a qualified domestic relations order, as defined in Code Section 414(p), are distributees with regard to the interest of the spouse or former spouse . 4 . Direct Rollover. A direct rollover is a payment by the plan t o one e ligible retirement plan specified by the dis tributee. 5 . Waiver of 30 Day Notice for Cashouts of $5,000 {$3 ,500 Pnor t o Janua ry 1, 1998) or less. if a distribution is one to which Code Section s 401 (a ) 911) and 417 do not apply , such distribution may co mmence less than thirty (30) days after the notice required under treasury regulation Section 1.411 (a) -ll(c), is given. provided that: a . The Board clearly informs the member that the member has a right to a period of at least thirty (30) days after receiving the notice to consider the decision of whether or not to elect a distribution (and , if applicable , a particular distribution option), and b . The member, after receiving the notice , affirmatively elects a distribution . Sectjon 22 . The City Council of the City of Englewood, Colorado hereby renumbers Title 3, Chapter 7 , to Title 3 , Chapter 5, "City of Englewood Police Officers' Pension Fund, in its entirety of the Englewood Municipal Code 1985, to read as follows: Ti•le 3, Chap•er 7 TITLE 3, CHAPTER 5 POLICE OFFICERS' PENSION FUND ~ 3-6-1: FUND CREATED: A. The City does hereby elect to continue to participate in the Police Pension Fund, in accordance with the provisions of title 31 , article 30 , part 3, C .R .S ., 1973, eave and except to the extent the provisions of this Section supersede any provisions of said statutes. -43- • . • I I • 0 • • • .,.--·· • ... • -' B. The Pension Fund and Pension Plan shall be administered by the Plan document as adopted by the City Council by resolution and which may be amended as required by the Board of Trustees. 3-!1-ll 3-5-2: SUPPLEMENTAL DISABILITY BENEFITS: A. In order to supplement the income of any police officer, who, as a result of injury or illness, receives an occupational or total disability from the Fire and Police Pension Association shall receive a monthly benefit paid from the "Self-Insurance Fund," defined in Title 4, Chapter 3 , Section 7 of this Code , as determined in this Section. B . Any police officer hired prior to April 8 . 1978 recei,ing an occupational or total disability from the Fire and Police Pension Association s hall receive twenty percent (20%) of the base salary plus longevity the police officer was earrung when the disability was awarded. The benefit payment shall be in addmon t o any benefits payable to the police officer from the statutory Police Officers' Pension Fund. C. Any police officer hired on or after April . 197 receiving an occupational disability from the Fire and Police Pens ion Association shall receive ten pe r ce nt (10%) of the base salary plus longe-.i t y the police ;,fficer was earning when the di sability was awarded . The benefit pay m e nt sh all be in addition to any benefits payable to the police officer fr om the statutory Police Officer s· Pensio n Fund. D . Any police officer hired on or after April 8 , 19i8 receiving a total disability fr om the Fire and Police Pension Association shall r eceive twenty percent (20 %) of t h e base salary plus longevity the police officer was earning when the disability wa awarded. The benefit payment shall be in addition to any be nefits payable to the police officer from the statutory Police Officers' Pension Fund. E . Benefits from this section shall be reduced if a police officer has earned any income other than that provided by a di s ability benefit . and if applicable , a Workers' Compensation award that provides a total income greater than an amount equal to one hundred percent (100%) of the base salary pro,..ided to a n active police officer of the same rank at which the police office r r etired , the disability benefit shall be reduced by twenty-five percent (25%) of the addition al earned income . F . All benefits from this section shall cease if the police officer cea e to qualify fo r an occupational or total disability from the Fire and Police Pensio n . .\ssociat1on . G. All benefits from this section shall be suspended or cease if the police officer fails to provide any information requested by the safety services supplemental disability board by the date indicated on the request. H. All benefits from this Section shall cease on the police officer's normal retirement date . I. A Safety Services Supplemental Disability Board shall be created and composed of two elected members from the firefighter ranks chosen by a majority of the Fire Division for a three (3) year term; two elected members from the police ranks chosen by a majority of the Police Division for a three (3) year term ; one -44- • ~ ' ) I • 0 - • • • .. • ,,-. • • -' ' citizen board member from the Police Pension Board; one citizen board member from the Firefighters Pension Board ; the Financial Services Director of the City of Englewood, and the Mayor of the City of Englewood. Five members shall constitute a quorum for conducting any Board business . The Safety Services Supplemental Disability Board is granted the authority to issue regulations not inconsistent with the terms of this section. designed to carry out the purpose of this Section, and to hold hearings, take evidence , receive information. and to make final and binding decisions , awards and resolutions respecting the eligibility of applicants for initial and continued payment of supplemental benefits. J . The Safety Services Supplemental Disability Board shall elect a chairperson from its members to preside over meetings and conduct other board busine ss not inconsistent with the terms of this Section. K. The Safety Services Supplemental Disability Bo a rd shall be required to mee t only whe.n application for benefits are made or as determined by the chairperso n of the Board . g..;.,& 3-5-3: RETIREMENT BENEFITS: Any police officer in cove red employment with the City prio r to April 8. 19 78 , a nd who has attained the age of fifty-five (55 ) years and has twenty (20) or m ore yea r s of credited service with the Englewood Police Division , or a membe r who h as tw enty- five (25) years or more of credit with said Englewood Police Di visio n , regardless of age . shall be eligible to receive a service retirement pension based on the police officer's final base pay, allowing two and one-half percent (2 1/2%) for each of the fir s t twenty (20) years of accredited service , plus one percent (1 %) for each additional year of accredited service, to a maximum of sixty-five percent (65 %). Calculating the ba se pay means the average salary received as a member of sai d Dep a rtm ent for one year before granting said pensio n . Pension payments shall be made m eq ual monthly ins tallment. to the member . g..;.+ 3-5-4: LEAVING SERVICE PRIOR TO ELIGIBILITY: Should any police officer in covered employment with the City prior to April 8. 1978 , who leaves the sen,;ce of the City prior to becoming eligible to re ceive a pe nsio n , fo r any reason other than death, and said member has less than five (5) years of credited service at termination, he shall be entitled to a r efund of his t otal contribution without interest: or if said member has five (5) or more yea r s of credited service at termination , sa1d office r may elect either: A. To receive deferred monthly benefits payable beginning at age fifty-five (5 5) based upon the member's final base pay, allowing two and one-half percent (2 1/2%) for each of the first twenty (20) years of accredited service plus one percent (1 %) for each additional year of accredited service to a maximum of sixty-five percent (65%) of base pay; or B. Receive a refund of his total contributions with interest, if any, thereon, as may be determined by the Board of Trustees of said Fund. -45- • . I • 0 • • ~ ,,.. . • ... • -.. a-;..& S-5-6: POLICE PENSION FUND: In lieu of the provisions of Title 31 , Article 30 , Section 312, C.R.S ., 1973, the Board of Trustees of the Policemen's Pension Fund of this Municipality shall be governed by the following provisions: The Board of Trustees of the Policemen's Pension Fund in this Municipality s hall have power to draw on such Pension Fund, from the treasurer of the Policemen's Pension Fund, and may invest the same, or any part thereof, in the name of the Board of Trustees of the Policemen's Pension Fund, in any security, bond , debenture , corporate obligation , stock, preferred or co mm on . securities of any open-end or closed- end management-type investment co mpany or investment trust and p articipat ions in common trust funds , to the extent that such investments would be authonzed investments by fiduciaries within this State a s set forth m title 15 . article 1, part 3. C.R.S ., 1973, or any subsequent amendment thereto. providing that said Boa rd shall at all times bold fhed income obligations having a book value or cost of n ot le ss than sixty percent (60%) of the total contributions made to said P olicemen's P e n sion Fund, less the amounts paid out. All se cur1t 1e s invested shall be d e posited with the Treasurer of the City, as ex officio trea urer of the Boa rd of Trustees of the Policemen's Pension Fund, and subiect to the order of said Board . Section 23 . _The City Council of the City of Englewood , Colo r ado hereby renumbers Title 3, Chapter 8 , to Title 3, Chapter 6 , Fire fighte rs' P e nsi on Fund And P ermanent Disability Benefits, in its entirety of the Englewood '.\II urucipal Code 19 85 , t o read a s follows: TITU, 3, GIY.PT6R 8 TITLE 3, CHAPTER 6 FIREFIGHTERS' PENSION FUND AND PERMANENT DISABILITY BENEFITS ~ 3-6-1: FIREFIGHTERS' PENSION FUND AND PERMA1''ENT DISABILITY BENEFITS: ~ 3-6-1-1: FIREFIGHTERS' PENSION FUND: Commencing on January l , 1977, there shall be deducted from the m on thly salary of plan members hired prior to April 8 , 1978 , of the Englewood Fire Division a sum equal to five percent (5%) of said member's monthly salary pursuant to part 4 , article 30, title 31 C .R .S ., 1973, which sum shall be deposited in the City's Firefighters' Pension Fund. A. The City shall make contributions annually to the Firefighters' Pension Fund at a rate to be determined in the following manner: at least every three (3) years, the Firefighters' Pension Fund shall have an actuarial study prepared relating to the Firefighters' Pension Fund. The normal cost of the benefits afforded under the statutory Firefighters' Pension Fund plus any unfunded cost prorated on a forty (40) year funding basis from January l , 1982, of the benefits afforded under the Firefighters' Pension Fund. The resultant percentage will be paid annually from general revenues of the City into the Firefighters' Pension Fund. -46 - • I • 0 -- • • -• ...--- • • - B. In addition to the powers and obligations imposed upon the Board of Trustees of the Englewood Firefighters' Pension Board, by article 30, title 31 , C.R.S. 1973, said Board shall have all powers necessary to supervise and administer the terms of this Section. ~ 3-6-1-2: SUPPLEMENTAL DISABILITY BENEFITS: A. In order to supplement the income of any firefighter, who , as a result of injury or illness, receives an occupational or total disability from the Fire and Police Pension Association shall receive a monthly benefit paid from the "Self-Insurance Fund," defined in Title 4, Chapter 3, Section 7 of this Code , as determined in this Section. B . Any firefighter hired prior to April 8 , 1978 receiving an occupational or total disability from the Fire and Police Pension Association shall receive twenty percent (20%) of the base salary plus longevity the firefighter was earning when the disability was awarded. The benefit payment shall be in addi tion to any benefits payable to the firefighter from the statutory Firefighters· Pens ion Fund. C. Any firefighter hired on or after April 8 , 19i8 receiving an occupational disability from the Fire and Police Pension Association shall receive ten pe r ce nt (10 %) of the base salary plus longevity the firefighter was earning whe n the disability was awarded . the benefit payment shall be in addition to any benefits payable to the firefighter from the statutory Firefighters' Pension Fund. D. Any firefighter hired on or after April 8 , 1978 receiving a total disability from the Fire and Police Pension Association shall receive twenty percent (20%) of the base salary plus longevity the firefighter was earning when the disability was awarded . the benefit payment shall be in addition to any benefits payable to the firefighter from the statutory Firefighters' Pension Fund. E . Benefits from this Section shall be reduced if a firefighter has earned any income other than that provided by a disability benefit, and if applicable , a Workers· Compensation award that provides a total income greater than an amount equal to one hundred percent (100%) of the base salary provided to an active firefighter retired, the di sability benefit shall be reduced by twenty-five percent (25 %) of the additional earned income . F . All benefits from this Section shall cease if the firefighter ceases to qualify for an occupational or total disability from the Fire and Police Pension Association . G . All benefits from this Section shall be suspended or cease if the firefighter fail s to provide any information requested by the Safety Services Supplemental Disability Board by the date indicated on the request. H . All benefits from this Section shall cease on the firefighter's normal retirement date . I. A Safety Services Supplemental Disability Board shall be created and composed of two elected members from the firefighter ranks chosen by a majority of the Fire Division for a three (3) year term; two elected members from the police ranb chosen by a majority of the Police Division for a three (3) year term ; one citizen board member from the Police Pension Board; one citizen board member -47- • .. .. ) I • 0 • • -• • • • - from the Firefighters Pension Board; the Financial Services Director of the City of Englewood, and the Mayor of the City of Englewood . Five members shall constitute a quorum for conducting any board business. The Safety Services Supplemental Disability Board is granted the authority to issue regulations not inconsistent with the terms of this Section, designed to carry out the purpose of this Section, and to hold hearings. take e"vi dence. receive information. and to make final and binding decisions , awards and resolutions respecting the eligibility of applicants for initial and continued payment of supplemental benefits. J . The Safety Services Supplemental Disability Board shall elect a chairperson from its members to preside over meetings and conduct other Board business not inconsistent with the terms of this Section . K . The Safety Services Supplemental Disability Board shall be required to meet only when application for benefits are ma de or as determined by the Chairpe r ·on of the Board. ~ 3-6-1-3 : RETIREME1'"'T BE!\"EFITS : Any firefighter who has attained t h e age of fift y (50 ) yea r s and has twenty (20) or more years of credited service shall be ei.Jgible to r eceive a service retirement pension based on the employee's final base pay , all owing two and one-half percent (2 1/~%) for each of the first twenty (20) years of credited servi ce , plus one percent (l %) fo r each additional year of credited service , to a maximum of SL'l.-ty -five percent (65%). Calculating the base pay means the amount of his/her monthly salary a s of the date of his/her retirement. Pension payments shall be made in equal monthly installments to the member. 3-8-1-+ 3-6-1-4: LEAVING SERVICE PRIOR TO ELIGIBILITY : Should any plan member hired prior to April , 19i , leave the service of the City prior to becoming eligible to receive a pens ion payable fr om the Firefighters' Pension Fund, for any reason other than death, and said member has less than five (5) year s of credited service at termination, said firefighter shall be entitled to a refund of his/her accumulated contribution to the Englewood Firefighters' Pension Fund. The term accumulated contributions shall mean t he sum of said firefighters' contribution to the Firefighters' Pension Fund together with interest , if any, thereon, as may be determined by the Firefighters' Pens ion Board . If said firefighter has five (5) or more years of credited service at termination, the firefighter may elect either: A . Deferred monthly benefit payable beginning at age fifty (50) based upon the member's final base pay, allowing two and one-half percent (2'/,%) for each of the first twenty (20) years of credited service plus one percent (1 %) for each additional year to a maximum of si.,:ty-five percent (65%) of base pay; or B . Receive a refund of his/her accumulated contributions as set out above . -48- • ) I • 0 - • • • .. ~ .,-. • • • ' 3-&-4-6-3-6-1-5: VOLUNTEER FIREFIGHTERS PENSION FUND: A. There is hereby created a special fund to be known as the Volunteer Firefighters Pension Fund for the purpose of paying statutory benefits to volunteer firefighters under conditions as provided by title 31 , article 30, part 4, C .R.S., 1973. B. Benefits for all volunteer firefighters retired before December 31 , 1974. shall be expended from funds received from the State in the annual allotment provided in title 31, article 30 , part 4 , C.R.S ., 1973. C . Beginning January l , 1975 . the City shall make contributions to the Volunteer Firefighters Pension Fund as determined necessary to annually fund the pension benefit accumulations of the volunteers. The contnbution shall be based on an actuarial study to be done at least every three (3) years. Pens ion benefits to volunteers retinng after January 1, 1975. will be paid from these contr1but1ons. Section 24 Safetv Clauses The City Council hereby finds . determ in es. and declares that tlus Ordinance is promulgated under the general police powe r of th City of Englewood, that it is promulgated for the health, safety. and welfare of t h e public, and that this Ordinance is necessary for the preservation of health and s afety and for the protection of public convenience and welfare. The City Council furthe r determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. Sect1on ?5 Severabjlity If any clause, sentence. paragraph. or part of th.i s Ordinance or the application thereof to any person or circumstances shall for a ny reason be adjudged by a court of competent jurisdiction invalid , such Judgment shal l not affect, lDlpair or invalidate the remainder of this Ordinance or 1t apphca u on to other persons or circumstances. Section 26 Inconsjstent Ordjnances All other Ordinances or portion s the reo f inconsistent or conflicting with th.is Ordinance or any portion hereof are h e reby repealed to the extent of such inconsistency or conflict . Section 27 Effect of repeal or modification The repeal or modification of any provision of the Code of the City of Englewood by this Ordinance shall not release , extinguish, alter, modify . or change in whole or in part any penalty, forfeiture . or liability , either civil or criminal, which shall have been incurred under such provision, and each provision shall be treated and held as still remaining in force for the purposes of sustaining any and all proper actions, suits, proceedings, and prosecutions for the enforcement of the penalty, forfeiture , or liability, as well as for the purpose of sustaining any judgment, decree, or order which can or may be rendered, entered, or made in such actions, suits, proceedings, or prosecutions. Section 28 fl:.nalu. The Penalty Provision of E.M.C . Section 1-4-1 shall apply to each and every violation of this Ordinance. -49- • .... ) I • 0 • • • .. • -• ··~ . .. • -' Introduced, read in full, and passed on first reading on the 22nd day of February, 2000. Publiabed u a Bill for an Ordinance on the 25 .. day of February, 2000. Thomas J. Burns, Mayor ATTEST: Loucrishia A. Ellis, City Clerk I , Loucriahia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing ia a true copy of a Bill for an Ordinance, introduced. r ead in full, and passed on first reading on the 22nd day of February, 2000. Loucrishia A. Ellis -50- ' .. .. • I • I • 0 • • • RESOLUTION NO.~ SERIES OF 2000 l • ' ,,.-.. ~ • • -.. A RESOLUTION SPECIFYING AID TO OTHER AGENCIES FOR 2000 BY THE CITY OF ENGLEWOOD , COLORADO . WHEREAS, the City Council of the City of Englewood, Colorado discussed the appropriations to other agencies for the year 2000 on February 7, 2000 : NOW, THEREFORE , BE IT RESOLVED BY THE Cµ'Y COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO , THAT : \,.._ Section 1. The following designations are hereby mad~ appropriations in the 2000 Budget of the City of Englewood . Colorado for aid to other agencies ; SOURCE OF FUNDS · Total 2000 Budget for A.id to other Agencies $22 ,000.00 ------ DESIGNATIONS FOR USE : Inter-Faith Task Force Town of Littleton/Meals on Wheels Gateway Battered Women's Shelter Arapahoe House Arapahoe County Metro Mayors and Commissioners Youth Award Englewood Southsiders Special Olympics Program Total $15 ,000 .00 $ 4,000.00 $ 1,000.00 $ 1,000.00 $ 500.00 $ 500 00 $22 ,000.00 ADOPTED AND APPROVED this 22nd of February, 2000 . Thomas J . Burns, Mayor ATTEST: Loucrish.ia A. Ellis, City Clerk I, Loucrishia A. Ellis, City Clerk for the City of Englewood, Colorado, hereby certify the above is a true copy of Resolution No .~ Series of 2000. Loucrish.ia A. Ellis • ' ~ . . ' 12 bi I • 0 - \ • • ~ -· • I•' .. .., • - Se r.~ By: MILLER WEINGARTEN REALTY, LLC; 303 414 0673 •Bally:s Jobmay Carinos CltyCcater Ea.ate .... Temat Proapecl hliJnllltioR February 22. 2000 fl Tcjadoll.-De!u;iu DIOPNillage Ima SclllOllky's Sc.Ji lo f'«..s /:. y ~ Paberry's Cbipollc C!A,p:,/-/e. Lemcrafters Hallmark Gift Supercuu/Cirat Clips Elquire Fabricare famous fOUlwcar •Prcvioully approved .. Feb ·22 ·00 4:38PM ; .. .. ..: ' ' ' Page 2 /3 ) I· 0 X ·] • • " ~· • • - FEB 22 '00 05 : 13PM LRBAN ~INAGE P. l /4 t1llBA!~ DRAINAGE AND ROOD CONTROL DISTRICT 2411 West Mela AYeaM, Stlite 150, O..vw, CO 11211 Tlleplaoae: (313) 455-Q'77 ~ I' AX: (303) 455-1111 V"llit ............. .adrd.er: laall: ......... 11'1 FAX TRANSMITTAL LETTER Dace: ~µj_Joo ro: c;:. t'J Se rs COMPA.'VY: ___________________ _ fAXNl.'MBER;~ONENUMBa. ________ _ fl.OM: S'k9 tt Ty c.. k :V NUMBER OF PAGES TRANSMITTE): 3' (NOT INCLUDL'iCi THIS SHEET) TO SE FOLLOWED 8Y OllIGINAL IN THE MAIL.: YES NO MESSAGE: ba'f'/ -b ~-fu :hJh" ~~ I ~ ~ C,,., ~&& W;i dMCM4<'2s4d ~ b+c:.: h\L\~S i:s>JM~ o..k:: ~:Oof> c &l!-~·{2{2.~\ ' oJ:-~ :oo 4 :tal::V~'b~ D~~ to J,4,C•Y:9: ~ °""1 ¥6 h M.A ~ ..... · -h zj.J;;:;J ~ \.+V\·i ~ """' 11....J... L ~ L::tt /;; J L b., ~~~ • • ' ~ I . 0 - • • • ,,... . • l .. ~. • - Lettarof W People wr1c1-l•C~•r• of anappon for cJle louell t1acce UY9&' ft'olrZ'-as. wa1...C co•• ta.. fo11owill9 iafozaal:1- ill leccer.. ~, p1•-• INI: lal:1:are ia 1"0IIS' --rile u aac:11 u poaailtle. kr Clldrick Di....cos --~ •lal:Ca ti-%ail:~1 .. UO -1,.. ~ 11&11, 8'1i1:e HO Dell'lrar, co 10202 Ker point• 1:0 eaphaaiae ill lRl:ar of 91aJ1PC1ft co ti.a SOl&l:h 1'1&1:1:a tiY8S Orbua wacar.ia-t ... 1:.-1:1-•rovr-•-l:lae ...,. as Clle tallu.ag poi.Dl:a. 'ftl8ae iaal.lllla1 The So\&th Platte River urban lfatershod Restoration Program is initially focused OD c:ompletiDg tbe Upper Central Platte River Project covering a one-mile etretch froa e• AV9nue to Colfax. It is divided i.Jlto three pbaaea, i.Jlclucling the Colfax lleach !Colfax to the Public Service Coanpa:iy Z1mi Power Plant>. the ZUDi Reach (the Zuni Power Pl&11.t at •e•t 13'~ Avenue I , and 't.he S'l&D Valley Reach ( c.he zwii ~ l'lant to We•t aca Aven1.1e>. Th••• planned Uppe.r Central Platte River Project iaprOY81118Dts are a part of the 35-mil• atretch of the South Platte River through .. tropolitan Denver rwming from Chatfield D .. in the southwest metropolitan area northeastward to the Adams-weld County line where add1t1onal projects are e,cpected to be identified. Many jurisdictions, non-profit; committed ci tizans have participated completing a nw:iber ot projects along years. organi&ation& and in undertaking and the river over the Objectives reached during the m1.1lti-ya11r .regional effort include managed flows for recreation, wildlife and water supply, urban open space wildlife corridor, cammunity p~rtic:ipation and volunteeriDI, youth and educational • • I • 0 • • • • • - P . 3 /4,. ijgOOl/011 FEB 19 '11111 09• cl!5P!'I partnerships. and metro-wide partner•hi pe dedi c:• ted to improving the South Platte River. In the C1ty and County of Denv.r portion o~ the 35- mile stretch a number of projects h&ve been successfully completed in the past eight year•, including habit iaorovements, ~reenway trail extension recreation •nhancuients, flood control 1.mprova•nts in addition to other ilaprovementa; The immediate goal of the South natte aiv.r Orban watershed RestoratioD Program is to UDdert&ke COlllpletion of planned improveaenta identified for the tJ'pper Central Platte River Project. A r9qUHt to CongreH will be made in this session of Congre•• for a ... 11 amo1mt of Federal fwiding assi•tanc:• specifically for the portion of th• Upper Centrill Platte River P.roject, the zun.1-sun valley Jleach. Other 1JllproVanents for th1a project will come from -i•ting progr ... and resource• of the Oniced State• Anny Corps of Engineers (USACE) • USACE programs that lll&Y be utilized for South Pl•tte River iaprov9111ents 1nclude eect1on 1135 and 206 proorams. The long-term goal of the Program is to coDtinu• identifying and iaplementing projects throughout the -tropolitau r119iDD OD the 35-mil• stretch. Ar-• vher• potential projects are expected to exist include locations in Adula COWlty UM! Arapahoe County. ZXamples of potential projec:ta arw found in th••• coaauni ti•• master plans, addressing ec:o•syate111 issv.ea and floodplain manag ... nt eoncema . • Planned 1111'1"mN1aants in the upper Central Platte River Project vill include h&b1tat. recreation and flood h&zard reduction iJlproveaent• and C:OIIIIIIUDity ace••• imprOVIIID8llta to tb• river froa adjac:•nt n•ighborhooda. Improvements planAed for tbis stretch include removal of the Public: Service Comp.ny ISalll at its Zuni Power Plant facility along with other plant renovationa . The South Platte River Program will work in partnership with a crosa-sec:tion of public, private sector and non-profit entities. Included in tbis partnership will be the United States IUmy Corps of angi.n-rs. oue to the broad•ning mission of the United State& Army Corps of Engineer• that addresses urban conc•rna about waterw&ys, tbe South Platte River Urban Waterahed • I • 0 J • • .. -• .. ' ·~ • • .. .. P.4/~00l/111 FD 19 •ae 99:2J&Pt1 Rescoracioa Program believe• tbe Corps can be an .effectiva parcner with the .. tropolitaa c~ity in r-chiag South Platte R1ver goals and objecti,,.s . • . .. • r • I • 0 • • ~Lt; 1. 2. 3 . 4 . 5. 6 . • • - AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL TUESDAY. FEBRUARY 22 , 2000 7:30 P .M. Call to order . g :OU f1>'1 Invocation . l>{)./?.,rf.,Q Pledge of Allegiance .E~ Roll Call . A)~ aJku.T &, -I Minutes . a . Minutes from the Regular City Council meeting of February 7 , 2000 . ~ &1"0 ,..o Scheduled Visitors . (Please limit your presentation to ten minutes .) 3 • i' Jim White m Census 2000 will be present to address Council regarding the ' 0 '{:;:ao,~-T'i rocess and to accept a proclamat ion support ing the Census 2000 efforts . Recip ients of Aid to Other Agencies Funding will be present to accept the ir donations for 2000: lnterFa:ih Task Force -~ ~? D~ ~ _:J ,/ i. v ii. / iii. ,/ iv. ~ Town of Littleton/Meals on Wheels "eel ./? F7 ,) Gateway Battered Women 's Shelter 7 fl~ Arapahoe House ~ /Ii ,? Arapahoe County Metropolitan Mayors and Commissioners Youth Award . Englewood Southsiders Special Olympics Program 7 . Non-Scheduled Visitors. (Please limit your presentation to five minutes .) -jlf Pleue note: If you have • dlublllty and need auxlllary aids or services, please notify the City of Englewood (303-762-2405) at least 48 hours In advance of when services are needed. Thank you . • • ., I· 0 • • • ... • - Englewood City Council Agenda February 22, 2000 Page 2 8 . Communications , Proclamations , and Appointments . Proclamation declaring Census 2000 as a top priority in the City of Englewood and encouraging the community to place an emphasis on achieving an accurate and complete count. Letter from J. Cole Hayduk ind icating his resignation from the Englewood Plann ing and Zoning Commission . 9 . Public Hearing . (None scheduled) 10. Consent Agenda. a . Approval of Ordinances on First Reading. i . COUNCIL BILL NO. 9 -Recommendation from the Department of . Community Development to adopt a bill for an ordinance amending the ('\ "~nglewood Municipal Code to reflect the name change of Englewood's ~· Clean , Green, and Proud Commission to Keep Englewood Beautiful. STAFF SOURCE: Kate Newman , Planning Technician and Tricia Langon, 1~ Planner. ¥ (o i;. COUNCIL BILL NO. 10 • Recommendation from the City Attorney to adopt a ~ bill for an ordinance amend ing the Englewood Mun icipal Code pertaining to membership on the Code Enforcement Advisory Committee . STAFF SOURCE: Dan Brotzman, City Attorney. iii. COUNCIL BILL NO. 7 -Recommendation from the City Manager to adopt a b'f I .,{) bill for an ord inance revis ing the Eng lewood Municipal Code's Adm inistrative {£) Ordinance . STAFF SOURCE : Gary Sears , City Manager and Dan Brotzman, City Attorney. b. Approval of Ordinances on Second Reading . i. Council Bill No. 5 , assigning and transferring to the City and County of Denver the 2000 City of Englewood allocat ion from the State of Colorado ceiling for private activity bonds to finance residential housing facilities for low and middle income persons within the City of Englewood and certain other cities and counties in the State of Colorado . Council Bill No . 6 , approving an Intergovernmental Agreement with the Colorado Department of Transportation for grant funding to continue the traffic enforcement project. c. Resolutions and Motions . i. Recommendation from the Utilities Department to adopt a resolution authorizing the purchase of a Variable Frequency Drive for the Union Avenue Pump Station . Staff recommends purchasing the equipment from Ryall Electric , a sole -source supplier, in the amount of $30.112.40 . STAFF SOURCE: Stewart H. Fonda, Director of Utilities. PINN note: If you have a dlUblllty and need auxiliary aids or services, plea• notify the City of Englewood (303-762-2405) at least 48 hours In advance of when Nrvlces are needed. Thank you . • • ) I • 0 - • • .. ~ /' . • ~ • -., Englewood City Council Agenda Febrnary 22 , 2000 l'age3 ii. Recommendation from the Department of Parks and Recreat ion to approve . by motion , the purchase of two trucks for the Parks Division . Staff recommends awarding the bid , through the State bid process , to King Chamberlain GMC in the total amount of $45 ,071 .00 . STAFF SOURCE: Jerrell Black, Director of Parks and Recreation and Dave Lee, Manager of Open Space. iii. Recommendation from the Department of Pub lic Works to approve. by motion, the purchase of a Dump Truck for the Street Operations Division . Staff recommends awarding the bid to the only technically acceptable bidder , Transwest Trucks , Inc ., in the amount of $42 ,528.00 . STAFF SOURCE: Ken Ross, Director of Public Works. iv . Recommendation from the Littleton/Englewood Wastewater Treatment Plan t Supervisory Committee to approve , by motion, the purchase of a 10 yard dump truck . Staff recommends awarding the bid to Transwest Trucks in the amount of $63 ,210 .00 . STAFF SOURCE: Stewart H. Fonda, Director of Utilities. V. Recommendation from the Littleton/Englewood Wastewater Treatment Plant Supervisory Committee to approve, by motion, the Task Order No. 2 discharge permit renewal technical assistance with Carollo Engineers in the amount of $63 ,684 .00 . STAFF SOURCE: Stewart H. Fonda, Director of Utilities and Charles J. Caudill, Process Development Analyst. vi. Recommendation from the Utilities Department to approve , by motion, a Sewer Tap Agreement with Arapahoe Chester ES Hotel , LLC for a Townplace Suites by Marriott . STAFF SOURCE: Stewart H. Fonda, Director of Utilities. 11 . Regular Agenda . a . Approval of Ordinances on First Read ing . oto i. COUNCIL BILL NO. 8 -Recommendation from the Department of Safety Services or an ordinance perta ining to graffiti. STAFF SOUR : David Lynn, ode Enforcement Supervisor. ii. COUNCIL BILL NO . 11 -Recommendation from the Department of Human ()/tr Resources to adopt a bill for an ordinance amen of the Englewood Municipal Code . STAFF SOURC Human Resources. b . Approval of Ordinances on Second Reading. C. Resolutions and Motions. PINN l"IOlla: If yau haw a dlaablllty and need auxiliary aids or services, please notify the City of Englewood (303-712-2405) al least 48 hows In advance of when services are needed. Thank you . • • ~ ~ • ) I • 0 - • , Englewood City Council Agenda February 22, 2000 Page4 12. General Discussion . r·• .. , a . Mayor's Choice . b. Council Members' Choice . • • ~ • .. • "' -' ~ {, ~ ~~ '!/., i. A resolution authorizing Aid to Other Agenc ies fund ing for 2000 . f .1 ~ A motion indicating that certain tenants are acceptable to the Ci~f _ ~ ,,. ££ ~ ~ewood at the CityCenter Englewood development. ~ ~ 13. City~ Report . a. CityCenter Englewood Update . 14. City Attorney's Report . a. Request for authorizjltion to have Hall and Evans defend a case brought by Patrick 0 Magee. ~ ~~ .c) Adjournment. h The following minutes were transmitted to City Council between February 4 and 17 , 2000 : • Englewood Clean, Green and Proud Commission meeting of January 11 , 2000 • Englewood Public Library Board meeting of January 11, 2000 • Englewood Planning and Zoning Commission meeting of January 18 , 2000 Englewood Code Enforcement Advisory Committee meeting of January 19 , 2000 P ..... note: n you have • disability and need auxUlary aid• or HfVk:ea, plNN notify the City of Englewood (303·762·2405) at IHat 48 holn In advance of when NrYk:H are IINCled. Thank you. ' ~ .. ' ~ ' • I· 0 X ,. G 0 - • • I . -. • • • - 10 90 /~ b i,. ~/},.,,I:.. -CA~~-ffl/v~s=· ~~~~­ ()!J o-1Q__ l!ds.s ~ . f;jk- , ~ I!~ . , -___,. ~ . 6ff"! ft~~. ~$ /1/-?o ~ - • • ' . I . ' . • .. -.. • • " FAX No . of Pages including cover sheet·-~3~-Date: 2/22/00 TO : Holly ~ .... FROM : Brenda Castle COMPANY: I~ Company : City of Englewood , ,,_ co PHONE : ~ PHONE : 303-762-2405 FAX : 303-592-5460 ,:/ FAX : 303-789-1125 • • I· 0 • 3 - • • ORDINANCE NO . __ SERIES OF 2000 • • • BY AUTHORITY A BILL FOR ... .. COUNCIL BILL NO . 8 INTRODUCED BY COUNCIL MEMBER~~~~~~ AN ORDINANCE AMENDING TITLE 7, CHAPTER 6F, OF THE ENGLEWOOD MUNICIPAL CODE 1985, WHICH AMENDS THE DEFINITION OF GRAFFITI. WHEREAS , the Englewood City Council passed Ordinance No. 39, Series of 1998, the Nuisance Ordinance which included the current definition of "graffiti"; and ' WHEREAS, the current definition of "graffiti" includes a statement which permits "graffiti" if it was placed with the permission of the property owner; and WHEREAS, a subsequent review by the Englewood Code Enforcement Division and the Englewood Code Enforcement Advisory Committee disclosed the discrepancy and how it could substantially degrade the appearance of the City as well a s making the current "graffiti" Ordinance non-enforceable ; and WHEREAS, by the passage of the proposed Ordinance the definition of "graffiti" will be amended making the new Ordinance enforceable in the City of Englewood , Colorado; NOW , THEREFORE , BE IT ORDAINED BY THE CITY CO U NCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS : Sectjon 1.. The Englewood City Council hereby amends Title 7, Chapter 6F, Section 11, of the Englewood Municipal Code . 1985 , by amending the definition of graffiti which shall read as follows : 7-6F-11: GRAFFITI : GRAFFITI DEFINITIONS: THE DEFACING OF PUBLIC OR PRIVATE PROPERTY BY MEANS OF INSCRIPTION . WORD , OR FIGURE , DONE BY PAINTING, DRAWING , WRITING , ETCHING, OR CARVING WITH PAINT , SPRAY PAINT , INK, KNIFE , ETCHING EQUIPMENT OR ANY SIMILAR METHOD 'fflTHOUT WKl'M'EN PERMISSION OF THE OWNERWROPEM'V ow~~R. Sect.ion 2. Penalty Proyiajon . The Penalty Provisions ofE.M .C. Section 1-4-1 shall apply to each and every violation of thia Ordinance. $ed,ion 3. ftcatjtµtjon : Mandatory restitution shall be required under Section 1-4-7 of the Englewood Municipal Code . -1- , . .. ) I • 0 • • • • )·~--· .. • - COUNCIL COMMUNICATION Date Agenda Item Subject: Februa 22 . 2000 11 a i Graffiti definition INITIATED BY: STAFF SOURCE: Code Enforcement Advise Committee David L nn. Code Enforcement Su ervisor COUNCIL GOAL AND PREVIOUS COUNCIL ACTION When the E.M.C.'s nuisance ordinance was rewritten in 1998, the definition of "graffiti" included a statement that allowed graffiti if it was placed with the permission of the property owner. A subsequent review by the Code Enforcement Division disclosed this discrepancy and how it could substantially degrade the appearance of the City , and took the oversight to the Code Enforcement Advisory Committee (C .E.A.C .). The C.E .A.C . concurred in the Division 's observations, and concurred in removing the permissible statement by removing the specific words " ... without written permission of the property owner." from the definitions section (15-1-2) of the E.M.C . RECOMMENDED ACTION Staff desires that the last seven words of the graffiti definition " ... without written permission of the property owner" be removed from the definition. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED See Council Goal and Previous Council Action . Allowing this statement to remain within the definition could have a significant impact in the appearance of the City . For instance , if a commercial property owner simply did not want to go the trouble and expense of removing graffiti from the walls of his building, he would not be required to do so as the E .M.C . is currently written, as long as he were to say he had given permission to the author to apply the graffiti. This could have a significant impact throughout the City, as the current graffiti ordinance would no longer be enforceable . FINANCIAL IMPACT None . LIST OF ATTACHMENTS Proposed Bill for an Ordinance. • ., ,. ) I· 0 - • • • • l • ·.t.' ..... .. • • .. Sectjon 4 . Safety C)auses The City Council , hereby finds , determines, and declares that this Ordinance is promulgated under the general police power of the City of Englewood, that it is promulgated for the health, safety. and welfare of the public, and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. Section 5. Seyerabj)jty If any clause, sentence. paragraph, or part of this Ordinance or the application thereof to any person or circumstances shall for any reason be adjudged by a court of competent jurisdiction invalid, such judgment shall not affect impair or invalidate the remainder of this Ordinance or its applicati on to other persons or circumstances. Section 6 Inconsjstent Ordjnances All other Ordinances or portions thereof inconsistent or conflicting with this Ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. Section 7 Effect of repeal or modification The repeal or modification of any provision of the Code of the City of Englewood by this Ordinance shall not release , extinguish, alter, modify, or change in whole or in part any penalty, forfeiture , or liability, either civil or criminal, which shall have been incurred under s uch provision. and each provision shall be treated and held a s still remaining m force for the purposes of sustaining any and all proper actions , suits, proceedings , and prosecutions for the enforcement of the penalty, forfeiture , or liability, as well as for the purpose of sustaining any judgment. decree, or order which can or may be rendered, entered, or made in such actions, suits, proceedings, or prosecutions. Introduced. read In full. and passed on first reading on the 22"" day of February. 2000. Published as a Bill for an Ordinance on the 25th day of February, 2000 . Thom as J . Burns . Mayo r A'ITEST: Loucrishia A. Ellis, City Clerk I , Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of a Bill for an Ordinance , introduced, read in full, and passed on first reading on the 22nd day of February, 2000 . Loucrishia A. Ellis -2- • ., ) I • 0 ~J- l •r • • .. p _. • 1-~·-· . " .. ·~ • • ' " ' FAX No . of Pages including cover sheet---~-Date : 2/18/00 TO : Holly I FROM : Brenda Castle COMPANY : Company: City of Englewood , co PHONE: ,~.! PHONE : 303-762-2405 FAX: 303-592-5460 ~/, FAX : 303-789-1125 I will not be able to fax Council Bill No . 8 to you until Tuesday morning . The meeting is Tuesday night. Our Council has not received their packets yet , and we are unable to send out agenda items until they receive them . I will be sure to send this to you first thing Tuesday. ' . " ' . ) I . o '